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^lOEIS  Of  PROeiBUll 


WOE. 


rUETB  AND  BOARDS 


IK  THE 


MYY  iND  lABHl  fiOIPS' 


1910 


LIBRARY 

OF  THE 

University  of  California. 

GIFT    OF 

U.  S,  Supt.  of  Documents. 

6  30 

-F  ■ 

\ 

Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/formsofprocedureOOunitrich 


FORMS  OF  PROCEDURE 


FOR 


COURTS   AND   BOARDS 


IN  THE 


l^AVY  AND  MARINE  CORPS 


PUBLISHED  BY  AUTHORITY  OF  THE  SECRETARY  OF  THE  NAVY 


OF   THE    ■; 

University 


g^?§ 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1910 


■•♦ 


^ 


Department  of  the  Navy, 

Washington,  January  7,  1910. 
The  following  forms  of  procedure  for  courts,  boards,  etc.,  based 
largely  upon  previous  publications  on  the  same  subject,  are  approved 
and  published  for  the  information  and  guidance  of  the  naval  service. 
While  the  phraseology  used  need  not  be  absolutely  adhered  to,  yet 
the  procedure  laid  down  should  be  strictly  followed,  as  it  has  received 
the  Department's  approval  and  deviation  therefrom  may  be  fatally 
irregular  and  erroneous. 

G.  V.  L.  Meyer, 

Secretary  of  the  Namj, 
3 


108616 


CONTENTS. 


Page. 

Notes  concerning  the  manner  of  making  up  records 9 

General  courts-martial : 

Incidents  of  trial 13 

Procedure 17 

Procedure  in  revision 50 

Forms 54 

Fees  and  mileage  to  civilian  witnesses 70 

Regulations  and  instructions  for  drawing  up  charges  and  specifications 83 

Specimen  charges  and  specifications 89 

Notes  on  evidence 135 

Summary  courts-martial: 

Incidents  of  trial , 151 

Procedure 156 

Specimen  specifications 167 

Procedure  in  revision 175 

Deck  courts 179 

Schedule  of  punishments,  summary  and  deck  courts 185 

Courts  of  inquiry: 

Ordinary  case 191 

Loss  or  grounding  of  vessel 199 

Forms 203 

Investigation 211 

Board  of  investigation 217 

Board  of  inquest 223 

Naval  examining  board 229 

Board  of  medical  examiners 243 

Naval  retiring  board 251 

Board  of  selection  for  retirement 261 

Marine  examining  board ■ 269 

Marine  retiring  board 285 

Articles  for  the  government  of  the  navy 293 

Limitations  to  punishments  in  time  of  peace 313 

Index 321 

5 


NOTES  CONCERNING  THE  MANNER  OF  MAKING  UP 

RECORDS. 


NOTES  CONCERNING  THE  MANNER  OF  MAKING  UP  RECORDS. 


Written  legihly;  corrections,  etc. — Records  of  all  kinds  shall  be  writ- 
ten neatly  and  legibly,  whether  by  hand  or  on  typewriter,  without 
erasures  or  interlineations,  as  far  as  practicable;  but  if  corrections 
should  be  necessary  they  shall,  when  made,  be  initialed  by  the  judge- 
advocate  or  recorder.  An  undue  number  of  corrections  or  lack  of 
neatness  in  making  them  will  be  sufficient  cause  for  returning  a  record 
for  rewriting.  Both  sides  of  the  paper  shall  be  used  when  written 
by  hand. 

Numhering  and  marJcing  of  pages  and  documents. — The  pages  of  the 
record  shall  be  numbered  in  the  middle  of  the  margin  at  the  lower 
edge.  Documents  relating  to  the  organization  of  the  court  or  board 
shall  be  marked  with  capital  letters  and  instruments  of  evidence  with 
numbers;  all  such  marks  must  be  boldly  and  distinctly  made  and 
placed  in  the  lower  right-hand  corner  of  the  page  or  sheet. 

Modifications  of  precept. — The  modifications  of  the  precept,  or 
convening  order,  are  those  which  are  signed  and  issued  by  the 
convening  authority,  and  they  must  not  be  confused  with  orders  to 
perform  the  duty  on  the  court  or  board  which  are  issued  separately 
by  the  Bureau  of  Navigation,  the  Commandant  of  the  Marine  Corps, 
or  convening  authority,  as  the  case  may  be.  These  modifications  of 
the  precept  must  appear  as  a  part  of  every  record  where  changes 
have  been  made  in  the  composition  of  the  membership. 

Absence  of  members. — In  case  of  the  absence  on  authorized  leave  or 
on  other  duty  of  members,  a  copy  of  the  orders  permitting  or  directing 
such  absence  must  be  appended. 

Corrections  to  testimony. — When  a  witness  makes  corrections  in  his 
testimony  a  note  in  red  ink  shall  be  made  opposite  the  place  in  the 
left-hand  margin  of  the  record.  This  note  shall  refer  to  the  page 
where  the  corrections  are  shown. 

Order  in  wTiicTi  documents  appended. — In  making  up  records  each 
document  or  exhibit  shall  be  prefixed  or  appended,  as  may  be  required, 
in  the  precise  order  in  which  it  is  introduced.  All  papers  of  a  similar 
character,  such  as  reports  on  fitness,  communications  concerning 
indebtedness,  medical  surveys,  etc.,  shall  be  arranged  together  in 
chronological  order  with  the  earliest  coming  first. 

9 


10  PKOCEEDINGS   OF   A   GENEKAL   COUKT-MARTIAL. 

Cover  sheets. — ^A  neat  cover  sheet  shall  be  prefixed  to  the  whole 
record,  following  the  appropriate  form  herein  prescribed.  At  the  end 
of  the  record;  following  all  appended  documents,  there  shall  be 
attached  one  or  more  blank  sheets  to  provide  for  the  action  of  higher 
authorities  and  as  a  protection  to  the  record.  The  date  on  the  front 
cover  sheet  shall  be  the  date  when  the  court  or  board  convenes. 

Manner  of  hinding  record. — The  record,  before  being  forwarded  to 
the  convening  authority,  must  have  all  the  pages,  documents,  and 
exhibits  securely  bound  together  by  at  least  two  through  fasteners  at 
the  top  margin,  and  care  shall  be  exercised  to  see  that  the  fasteners 
are  through  every  such  page,  document,  and  exhibit.  If  the  exhibits 
are  objects  which  do  not  permit  of  being  secured  in  the  manner  above 
indicated,  they  shall  be  otherwise  attached  so  as  to  prevent  the  pos- 
sibility of  loss. 

Aid  in  preparation  of  record. — The  several  steps  in  the  procedure 
of  any  court  or  board  may  be  assigned  consecutive  numbers  by  the 
judge-advocate  or  recorder.  Such  numbers  may  then  be  used  to 
facilitate  keeping  the  routine  record  of  the  case  when  there  is  no 
stenographer,  but  they  shall  not  appear  in  the  smooth  record. 

Notes  to  he  followed. — The  notes  interspersed  through  the  general 
court-martial  procedure  should  be  consulted  as  there  is  much  therein 
that  applies  as  well  to  other  courts  and  boards. 

Index  for  lengthy  cases. — If  a  general  court-martial  case,  or  that  of 
a  court  of  inquiry,  investigation,  or  board  of  investigation,  exceeds 
twenty  pages  in  length,  it  shall  be  preceded  by  an  index  showing 
upon  what  page  each  step  of  the  trial  and  of  the  examination  of  the 
several  witnesses,  giving  their  names,  may  be  found;  also,  in  case  a 
witness  corrects  his  testimony,  the  pages  where  such  correction  is 
referred  to  and  where  made. 


GENERAL  COURTS-MARTIAL. 


11 


General  Courts-Martial. 


Incidents  of  a  Trial  by  General  Court- Martial. 


1.  Court  meets. 

2.  Provost-marshal  reports. 

3.  Stenographer  introduced. 

4.  Accused  introduced. 

5.  Accused  signifies  wishes  as  to  counseL 

6.  Counsel,  if  any,  introduced. 

7.  Precept  and  other  documents  relating  to  organization  read. 

8.  Challenge  of  members. 

9.  Judge-advocate  sworn  by  president. 

10.  Members  sworn  by  judge-advocate. 

11.  Stenographer  sworn  by  judge-advocate. 

12.  Has  accused  received  copy  of  charges  and  specifications?     When? 

13.  Court  cleared  to  examine  charges  and  specifications. 

14.  Court  opened  and  court's  decision  announced. 

15.  Accused  asked  if  he  is  ready  for  trial  (motions,  etc.) 

16.  Letter  of  transmittal  and  charges  and  specifications  read. 

17.  Arraignment  (pleas). 

18.  Prosecution  begins. 

19.  Prosecution  ends. 

20.  Defense  begins. 

21.  Defense  ends. 

22.  Rebuttal. 

23.  Surrebuttal. 

24.  Statements  or  arguments. 

25.  Trial  finished. 

26.  Judge-advocate  informs  court  as  to  previous  convictions. 

27.  Court  cleared  for  deliberation  on  finding. 

28.  Judge-advocate  recalled  to  record  finding. 

29.  Court  opened  to  receive  evidence  of  previous  convictions,  if  any. 

30.  Court  cleared  for  deUberation  oji  sentence. 

31.  Judge-advocate  recalled  to  record  sentence. 

32.  Court  opened. 

33.  Adjournment. 

13 


Case  of 

Lieut.  X Y.  Z ,  U.  S.  Navy. 

June  21,  1909. 


RECORD  OF  PROCEEDINGS 

OF   A 

General  Court-Martial 

CONVENED    AT 

THE  NAVY-YARD,  PHILADELPHIA,  PA., 

BY   ORDER   OP 

THE  SECRETARY  OF  THE  NAVY. 

Var.  1.  convened  on  board  the  U.  S.  S.  Ohio  by  order  of  the 

Commander  in  Chief,  U.  S.  Atlantic  Fleet. 

Var.  2.  at  the  naval  station,  Cavite,  P.  I.,  by  order  of  the 

Commandant  of  said  station. 

Var.  3.  on  board  the  U.  S.  S. by  order  of  the  Com- 
mander in  Chief,  Squadron  for  Special  Service. 

Var.  4.  on  board  the  U.  S.  S. by  order  of  the  Com- 
mander of  Third  Division,  and  Commander  in  Chief  Detached 
Squadron,  U.  S,  Pacific  Fleet. 

Record  in  revision.— The  proceedings  in  revision  must  form  a  separate  and  complete 
record,  which  should  be  prefixed  to  the  record  of  which  it  is  a  revision. 


Copy  furnished. 

Var.  Copy  waived. 


16 


FIRST  DAY. 

Navy- Yard,  Philadelphia,  Pa., 

{U.S.S.OUo,off ), 

Monday,  June  21,  1909. 
The  court  met  at  10  a.  m. 

Hours  of  sessions.— A  naval  court-martial  may  hold  sessions  at  any  hour  of  the  day, 
as  may  be  desirable. 

Present : 

Captain  A B.  C. ,  U.  S.  Navy. 

Commander  D E.  F ,  U.  S.'Navy. 

Captain  G H.  I ,  U.  S.  Marine  Corps. 

Lieutenant  J K.  L ,  U.  S.  Navy. 

Lieutenant  M N.  O ,  U.  S.  Navy. 

First  Lieutenant  P Q.  R ,  U.  S.  Marine  Corps,  and 

Lieutenant   (j.  g.)   S T.  U -,  U.  S.  Navy,  mem- 
bers,   and    First   Lieutenant   V V.    W ,    U.    S. 

Marine  Corps,  judge-advocate. 

Sittings  of  court.— The  court  is  required  to  sit  from  day  to  day,  Sundays  excepted, 
until  a  sentence  is  given.  An  adjournment  for  a  longer  period  than  twenty-four  hours 
taken  during  the  trial  of  a  case  before  the  court  must  appear  on  the  record  to  be  by 
authority  of  the  convening  power.  This  requirement  does  not  apply  to  adjournment 
from  one  case  to  another. 

Proceedings  not  delayed.— When  the  proceedings  of  the  court  are  once  begun  they 
should  not  be  suspended  or  delayed  on  account  of  the  absence  of  any  of  the  members  so 
long  as  five  are  present.  If  the  court  is  reduced  below  that  legal  quorum,  the  convening 
authority  should  at  once  be  notified  by  letter,  a  copy  of  which  should  be  appended  to 
the  record. 

Record  of  each  case  complete.— The  record  of  proceedings  of  each  case  must  be  com- 
plete in  itself,  without  dependence  on  or  reference  to  any  other. 

Senior  member  is  president.— The  senior  member  present  is  always  president  of  the 
court  by  virtue  of  his  seniority. 

Responsibility  of  president.— The  president  is  responsible  for  the  trial  being  con- 
ducted in  the  proper  order  and  in  accordance  with  law,  Navy  Regulations,  and  the 
procedure  herein  prescribed. 

First  Lieutenant  C B.  A ,  U.  S.  Marine  Corps,  re- 
ported as  provost-marshal. 

Detail  of  provost-marshal,  etc.— Prior  to  the  first  meeting  of  the  court,the  president 
should,  if  necessary  or  desirable,  request  the  commandant  or  the  senior  officer  present 
to  appoint  a  provost-marshal  and  an  orderly  for  the  court. 

F E.  D ,  clerk  (stenographer,  interpreter)  entered. 

The  accused  entered  and  stated  that  he  wished  to  have  Ensign 

I H.  G ,  U.  S.  Navy,  act  as  his  counsel;  the  request  was 

granted  and  counsel  entered. 

8483—10 2  17 


18  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Counsel  for  accused.— When  the  accused  has  no  legal  adviser,  the  commandant  of 

the  navy-yard  or  station,  the  commander  in  chief,  or  the  senior  officer  present,  within 

,  whose  jurisdiction  the  court  sits,  shall,  if  the  accused  so  requests,  detail  a  suitable  officer 

to  act  as  his  counsel.    If  there  be  no  such  officer  available,  the  fact  shall  be  reported  to 

the  convening  authority  for  action. 

Duties  of  counsel.— An  officer  so  detailed  shall  perform  such  duties  as  usually  devolve 
upon  counsel  for  defendant  before  civil  courts  in  criminal  cases.  As  such  he  should 
guard  the  interests  of  the  accused  by  all  honorable  means  known  to  the  law,  so  far  as  they 
are  not  inconsistent  with  military  relations. 

Accused  advised  of  rights.— Enlisted  men  to  be  tried  shall  be  particularly  advised 
of  their  rights  in  the  premises,  and  counsel  detailed  for  them,  if  practicable,  unless  they 
explicitly  state  that  they  do  not  desire  such  assistance. 

Var.  1.  stated  that  he  did  not  wish  counsel. 

Var.  2.  stated  that  he  desired  counsel,  and  the  comman- 
dant (commander  in  chief)  (senior  officer  present)  was  requested  by 
the  court  to  detail  an  officer  to  act  as  such.  (This  in  case  a  detail  has 
not  already  been  made.) 

(Should  the  judge-advocate  require  counsel.)  The  judge-advocate 
read  the  appointment,  copy  appended,  marked  " ,"  by  the  At- 
torney-General, of  Mr.  A A.  A ,  to  act  as  counsel  to 

assist  the  judge-advocate.     Mr.  A entered. 

Var.  The  judge-advocate  read  an  order  from  the  convening  au- 
thority, copy  (original)  appended,  marked  " ,"  directing  Lieut. 

B B.  B ,  U.  S.  Navy,  to  act  as  counsel  to  assist  the 

judge-advocate.     Lieutenant  B entered. 

The  judge-advocate  read  the  precept  (and  modifications  thereof), 
copy  appended,  marked  " ." 

Marking  documents.- For  convenience,  all  documents  relating  to  the  organization  of 
the  court  shall  be  marked  with  capital  letters,  as  "A,"  "B,"  "C,"  etc.;  and  all  those 
which  are  instruments  of  evidence  shall  be  marked  with  numerals,  as  "1,"  "2,"  "3," 
etc.  Care  shall  be  taken  that  all  such  marks  are  distinct,  and  they  shall  be  placed  at  the 
lower  right-hand  comer  of  the  page  or  sheet.  The  pages  of  the  record  shall  be  numbered 
in  the  middle  of  the  margin  at  the  lower  edge. 

Copies.— All  copies  of  documents  or  papers  shall  be  certified  by  the  judge-advocate. 

Reading  of  papers,  etc.— When  the  record  states  that  a  paper,  document,  or  tes- 
timony was  read,  it  is  to  be  understood  that  it  was  read  aloud. 

Disposition  of  precept.— The  original  precept  should  be  kept  until  the  court  is 
dissolved  and  then  forwarded  to  the  convening  authority. 

Changes  In  the  court.— Changes  in  the  composition  of  the  court  can  legally  be  made 
only  by  the  convening  authority,  and  no  officer  is  empowered  to  sit  as  a  member  or 
judge-advocate  except  in  obedience  to  an  order  signed  by  such  authority  and  addressed 
to  the  president  of  the  court.  All  such  orders  must,  equally  with  the  precept,  be  read  to 
the  accused  and  duly  marked  copies  appended  to  the  record. 

Orders  to  members  and  judge-advocate.— A  member  or  judge-advocate  becomes  or 
is  relieved  as  such  only  by  order  of  a  lawful  convening  authority.  Two  orders  are  issued 
in  each  instance;  one,  the  order  of  appointment  or  relief,  issued  by  the  convening 
authority,  is  sent  direct  to  the  president  of  the  court;  the  other,  issued  by  the  authority 
which  details  him  to  duty,  Is  sent  through  official  channels  to  the  officer  himself  who  is 
appointed  or  relieved.  The  order  from  the  convening  authority  is  a  part  of  the  court's 
records  and  a  copy  of  it  must  be  attached  to  the  record  of  each  case  tried  and  to  which  it 
pertains;  it  is  the  only  authority  for  a  member  or  judge-advocate  to  act  as  such  during  a 
trial. 

Var.  (In  case  any  member  or  members  are  absent  add)  and  the 

medical  certificate  (detachment,  etc.),  in  the  case  of ,  copy 

appended,  marked,  "■ ,"  (or,  and  the  letter  from explain- 
ing his  absence)  is  appended,  marked  " ." 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  19 

Absence  of  members.— No  member  of  a  general  court-martial  shall,  after  the  proceed- 
ings are  begun,  absent  himself  therefrom  except  in  case  of  sickness  or  of  an  order  to  go  on 
duty  from  a  superior  officer,  on  pain  of  being  cashiered. 

Order  from  superior.— In  case  of  an  order  from  a  superior  officer  the  provisions  of  the 
Navy  Regulations  (Instructions  for  Officers  in  General)  shall  be  complied  with.  The 
report  of  the  circumstances  shall  be  forwarded  by  the  member  receiving  such  order  to 
the  convening  authority  through  the  president  of  the  court,  and  a  copy  of  such  report 
shall  be  attached  to  the  record  of  each  case  to  which  it  applies. 

Illness  of  member.— In  case  a  member  is  sick,  he  shall,  if  able,  request  the  attending 
medical  officer  to  report  the  fact  of  his  sickness  to  the  convening  authority  and  such 
request  shall  be  complied  with.  The  report  shall  be  forwarded  through  the  president  of 
the  court,  and  a  copy  thereof  shall  be  attached  to  the  record  of  each  case  to  which  it  applies. 
When  the  member  is  able  to  resume  his  duties,  the  attending  medical  officer  shall  report 
such  fact  in  the  same  manner  as  above  prescribed. 

Detachment  from  ship  or  station.— The  detachment  of  an  officer  from  his  ship  or 
station  does  not,  of  itself,  relieve  him  from  duty  as  a  member  or  judge-advocate  of  a  gen- 
eral court-martial;  special  orders  for  such  relief  are  necessary. 

Procedure  in  case  of  absence.— In  a  case  of  compulsory  temporary  absence,  the  court 
may  excuse  the  member  so  absent  from  further  attendance  upon  the  case  then  pending, 
provided  there  still  remain  the  legal  number  of  members  present;  but  should  that  not  be 
deemed  possible  or  advisable,  the  requirements  of  the  forty-seventh  article  of  the  Articles 
for  the  Government  of  the  Navy  shall  be  strictly  complied  with. 

Absence  of  judge-advocate.— The  temporary  absence  of  the  judge-advocate  at  any 
time  during  the  progress  of  the  trial  does  not  invalidate  the  proceedings,  but  as  the  court 
has  no  authority  to  detail  any  person  to  act  as  judge-advocate,  it  must,  in  case  of  his 
incapacity,  adjourn  from  day  to  day,  until  he  is  able  to  resume  his  duty  or  a  successor  is 
appointed  by  the  convening  authority. 

The  accused  stated  that  he  did  not  object  to  any  member  present. 

Var.  1.  The  accused  objected  to  Lieut.  J K.  L ,  U.  S. 

Navy,  because  (here  state  reason). 

The  challenged   member   replied  (or,  did  not  desire  to 

reply). 

The  court  was  cleared,  the  challenged  member  also  retiring.  (It 
is  not  compulsory,  but  it  is  customary,  for  the  challenged  member 
to  withdraw). 

When  opened,  all  parties  to  the  trial  entered,  the  president  an- 
nounced that  the  objection  of  the  accused  was  sustained,  and  Lieut. 

J K.  L was  excused  from  serving  as  a  member  in  this 

case  (or,  the  president  announced  that  the  objection  of  the  accused 
was  overruled). 

(Should  the  accused  wish  to  examine  the  challenged  member.) 
Upon  request  of  the  accused  the  challenged  member  was  called  and 
examined. 

(Examination  as  hereinafter  given  for  the  defense.) 

(Should  the  accused  wish  to  support  his  challenge  by  the  evidence 
of  witnesses.)    ,  a  witness  for  the  accused,  declared  as  follows: 


The  accused  did  not  object  to  any  other  member.     (Or,  

next  objected  to .)     (Same  procedure  as  above.) 

Var.  2.  The  judge-advocate  objected  to . 

(Same  procedure  as  in  challenge  by  the  accused,  except  that 
declarations  are  taken  as  hereinafter  given  for  the  prosecution.) 

The  judge-advocate  did  not  object  to  any  other  member.  (Or, 
next  objected  to .) 

Judge-advocate  not  challenged.— The  judge-advocate  may  not  be  phallenged  on  any 
grounds. 

Time  for  challenge.— As  a  general  rule,  whatever  objection  either  party  may  have  to 
make  to  the  personnel  of  the  court  should  be  made  before  the  court  is  sworn;  but  at  any 


20  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

stage  of  the  proceedings  prior  to  the  finding,  any  member  may  be  challenged  by  either 
party  for  cause  not  previously  known. 

Court's  decision  final.— The  court's  decision  as  to  the  vaUdity  of  a  challenge  can  not 
be  opposed  by  either  party. 

If  court  reduced  below  quorum.— If,  by  challenge,  the  court  is  reduced  below  the 
legal  quorum,  the  convening  authority  must  be  notified  by  letter  or  telegram  and  the 
court  adjourn  in  that  ease.  A  copy  of  the  communication  must  be  appended  to  the 
record. 

The  judge-advocate,  each  member,  and  the  clerk  (stenographer, 
interpreter)  were  duly  sworn. 

Acts  of  court  before  being  sworn.— Until  a  court  is  duly  sworn  according  to  law,  it 
is  incompetent  to  perform  any  judicial  act,  except  to  hear  and  determine  challenges 
against  its  own  members. 

How  oaths  administered.— The  oaths  shall  be  administered  as  follows:  First,  to  the 
judge-advocate  by  the  president;  next,  to  the  members  by  the  judge-advocate;  and 
last,  to  the  clerk,  etc.,  by  the  judge-advocate. 

Oath  administered  to  judge-advocate.— You,  A B ,  do  swear  (or  affirm) 

that  you  will  keep  a  true  record  of  the  evidence  given  to,  and  the  proceedings  of,  this 
court;  that  you  wiU  not  divulge  or  by  any  means  disclose  the  sentence  of  the  court  imtil 
it  shall  have  been  approved  by  proper  authority;  and  that  you  will  not,  at  any  time, 
divulge  or  disclose  the  vote  or  opinion  of  any  particular  member  of  the  court,  unless  re- 
quired so  to  do  before  a  court  of  justice  in  due  cotu-se  of  law. 

Oath  administered  to  members.— You,  A B ,  do  swear  (or  affirm)  that 

you  wiU  well  and  truly  try,  without  prejudice  or  partiaUty,  the  case  now  depending, 
according  to  the  evidence  which  shall  come  before  the  court,  the  rules  for  the  government 
of  the  navy,  and  your  own  conscience;  that  you  will  not,  by  any  means,  divulge  or  dis- 
close the  sentence  of  the  court  until  it  shall  have  been  approved  by  proper  authority; 
and  that  you  wiU  not,  at  any  time,  divulge  or  disclose  the  vote  or  opinion  of  any  par- 
ticular member  of  the  court,  unless  required  so  to  do  before  a  court  of  justice  in  due  course 
of  law. 

Oath  administered  to  stenographer  (clerli,  reporter).- You,  A B , 

swear  (or  affirm)  faitlifully  to  perform  the  duty  of  stenographer  (clerk,  reporter)  in  aiding 
the  judge-advocate  to  take  and  record  the  proceedings  of  the  court,  either  in  shorthand  or 
ordinary  manuscript. 

Oath  administered  to  interpreter.— You,  A B ,  swear  (or  affirm)  faith- 
fully and  truly  to  interpret  or  translate  in  all  cases  in  which  you  shall  be  required  so  to 
do  between  the  United  States  and  the  accused. 

The  accused  stated  that  he  had  received  a  copy  of  the  charges  and 
specifications  preferred  against  him  (here  state  when). 

Copy  forwarded  to  accused.— The  copy  is  sent  to  the  accused  by  the  convening 
authority  through  the  usual  official  channels.  Facts  as  to  the  delivery  may  be  obtained 
from  the  commanding  officer  under  whom  the  accused  is  serving. 

Denial  of  accused  as  to  receipt.— If  the  accused  denies  having  received  a  copy,  evi- 
dence to  establish  the  fact  may  be  introduced. 

Var.  The  judge-advocate  read  a  letter  from  the  convening  author- 
ity authorizing  and  directing  him  to  make  a  change  (or  changes)  in 
the  specifications,  and  stated  that  the  same  had  been  made  both  in 
the  original  and  in  the  copy  in  the  possession  of  the  accused.  (See 
also  under  defense  as  to  entering  2l  nolle  prosequi.) 

Copies  of  charges,  etc.,  for  court.— The  judge-advocate  shall,  for  the  convenience  of 
the  court,  place  upon  the  table  several  copies  of  the  charges  and  specifications  on  which 
the  accused  is  to  be  tried. 

Judge-advocate  to  inform  court  of  errors. — In  case  the  judge-advocate  should  note 
any  technical  or  other  errors  in  the  specifications,  he  shall,  before  withdrawing,  bring 
them  to  the  attention  of  the  court. 

The  court  was  cleared. 

Court  to  examine  charges  and  specifications.— At  this  stage  the  court  should  critically 
examine  the  charges  and  specifications  to  see  that  they  are  in  due  form  and  technically 
correct.    When  the  court  goes  on  record  as  having  so  found  them  it  thereby  asserts  that 


PKOCEEDINGS   OF    A   GKNEKAL   COURT-MARTIAL.  21 

they  are  legally  and  properly  drawn,  that  they  conform  to  the  requirements  of  the  law 
and  regulations,  and  that  the  specifications  sustain  the  charges. 

Alteration  of  errors.— After  a  charge  and  specification  has  been  signed  by  the  proper 
authority  and  ordered  to  be  investigated,  it  is  not  competent  for  any  person  to  make 
alteration  therein  without  first  having  obtained  the  consent  of  such  authority,  except 
that  the  judge-advocate  may  correct  manifest  clerical  errors. 

Technical  and  clerical  errors.— Technical  errors  are,  in  general,  those  which  the 
charges  and  specifications  disclose  and  which  would  be  sufficient  to  sustain  a  demurrer 
or  special  plea;  such  as  charge  not  supported  by  the  specification,  uncertainity  as  to 
time  or  place  of  offense,  lack  of  jurisdiction  of  the  court,  etc.  Clerical  errors  are  those  of 
spelling,  punctuation,  etc.,  correction  of  which  does  not  alter  the  facts. 

Authorized  changes  made  by  judge-advocate.— Should  the  convening  power  auf 
thorize  the  judge-advocate  to  amend  legal  defects  in  the  charges  and  specifications  before 
the  accused  is  called  upon  to  plead,  it  is  to  be  imderstood  that  in  doing  so  the  judge- 
advocate  is  strictly  responsible  that  the  facts  are  not  changed  nor  the  legal  responsibil- 
ities weakened.  He  shall  on  every  occasion  commimicate  to  the  accused  any  alteration 
in  the  charges  which  were  delivered  to  him  at  the  time  of  his  arrest,  as  soon  as  possible 
after  such  alteration  shall  have  been  made. 

When  opened,  all  parties  to  the  trial  entered,  and  the  president 
announced  that  the  court  found  the  charges  and  specifications  in  due 
form  and  technicall}^  correct. 

Var.  the  president  announced  that  the  court  having  found 

the  specifications  (or  as  the  case  may  be)  not  in  due  form,  had  sent 
a  communication   to   the   convening  authority,    copy  appended, 

marked  " ,"  and  would  await  a  reply.    The  court  adjourned 

(took  a  recess)  until . 

The  court  met  pursuant  to  adjournment  (reassembled  at  the  ex- 
piration of  the  recess) .     Present: ■. 

The  charges  and  specifications  having  been  returned  to  the  court, 
it  was  cleared  to  examine  them. 

When  opened,  all  parties  to  the  trial  entered;  the  judge-advocate 
was  directed  to  correct  the  copy  in  the  hands  of  the  accused  to  cor- 
respond with  the  charges  and  specifications  just  received  from  the 
convening  authority  (with  the  charges  and  specifications  corrected  by 
direction  of  the  convening  authority) ;  or 

It  was  announced  that  the  court  would  proceed  with  the  trial  on  the 
charges  and  specifications  as  originally  received ;  copy  of  letter  from 
convening  authority  appended,  marked  " ." 

The  accused  stated  that  he  was  ready  for  trial. 

Var.  1.  The  judge-advocate  requested  a  postponement  of  the 
trial  (here  state  reason). 

The  court  was  cleared.  When  opened  all  parties  to  the  trial  en- 
tered. 

The  court  adjourned  to  meet  to-morrow  at  o'clock.     (Or) 

entered,  and  the  president  announced  that  the  court  had  de- 
cided to  proceed  with  the  trial. 

Var.  2.  The  accused  requested  a  postponement  (here  state  rea- 
son) .  The  court  was  cleared ,  etc .  ( Continue  as  when  postponement 
requested  by  judge-advocate.) 

Application  for  postponement.— An  application  to  suspend  the  proceedings  of  a 
court  for  a  longer  period  than  from  day  to  day,  Sundays  excepted,  must  be  referred  to 
the  officer  convening  the  court,  who  alone  has  authority  to  grant  the  request. 

No  witnesses  were  present. 


22  PROCEEDINGS   OF   A   GENERAL  COURT-MARTIAL. 

Var.  All  witnesses  were  directed  to  withdraw. 

Warning  as  to  withdrawal.— Before  the  charges  and  specifications  are  read  to  the 
accused,  the  court  should  warn  all  witnesses  to  retire  from  the  room  and  not  to  return 
until  officially  called.  This  warning  should  be  repeated  daily  at  the  begimiing  of  the 
session. 

The  judge-advocate  read  the  letter  of  transmittal,  and  the  charges 

and  specifications,  originals  prefixed,  marked  '^ "  and  ^^ ," 

and  arraigned  the  accused  as  follows : 

Questions  and  answers  distinct.— The  questions  constituting  the  arraignment  and 
the  answers  thereto,  if  any  be  given,  must  be  distinctly  recorded. 

Q.  Lieut.  X Y.  Z ,  you  have  heard  the  charges  and 

specifications  of  charges  preferred  against  you;  how  say  you  to  the 
specification  of  the  first  charge,  guilty  or  not  guilty  ? 

A.  Not  guilty  (guilty)  (the  accused  stood  mute) . 

Q.  To  the  first  charge,  guilty  or  not  guilty? 

j^_  *     *     * 

Q.  To  the  first  specification  of  the  second  charge,  guilty  or  not 
guilty? 

A        ^        :}:        :|C 

Q.  To  the  second  specification  of  the  second  charge,  guilty  or  not 
guilty? 

A        ;{;        ^        ^ 

Q.  To  the  second  charge,  guilty  or  not  guilty? 

Ji  *?  5|«  5)5 

Procedure  on  plea  of  guilty.— Should  the  accused  plead  either  "guilty"  or  "guilty 
in  a  less  degree  than  charged,"  the  president  shall  warn  him  that  he  thereby  precludes 
himself  from  the  benefits  of  a  regular  defense  by  the  former  plea,  and  as  to  the  acts  con- 
fessed by  the  latter.    (See  "  Statement  inconsistent  with  plea,"  p.  144.) 

Evidence  in  extenuation.— After  the  above  warning,  should  the  accused  persist  in  a 
plea  of  guilty,  the  court,  before  proceeding  to  deU  berate  and  determine  upon  the  sentence, 
shall  allow  him  to  urge  anything  he  may  desire  to  offer  in  extenuation  of  his  conduct,  to 
call  witnesses  as  to  character,  and  to  offer  any  other  evidence  of  a  strictly  paUiative 
nature;  and  the  judge-advocate  shaU  have  the  right  to  cross-examine  such  witnesses  and 
to  introduce  evidence  in  rebuttal. 

Evidence  after  plea  of  guilty.— As  by  the  plea  of  guilty  everything  alleged  is 
admitted,  no  evidence  shall,  when  such  plea  is  offered,  be  taken  by  the  prosecution, 
unless  in  the  judgment  of  the  court  such  course  be  necessary  in  order  to  show  all  the 
circumstances  of  the  offense  either  in  mitigation  or  aggravation.    (See  p.  143.) 

Not  guilty,  stands  mute,  etc.— If  the  accused  stand  mute,  or  if,  after  making  objec- 
tions to  the  court  which  it  overrules,  he  refuse  to  offer  evidence  or  to  make  any  defense, 
the  trial  shall  proceed  as  if  he  had  pleaded  not  guilty. 

€hange  of  plea.— The  accused  may,  at  the  discretion  of  the  court,  be  allowed  at  any 
time  before  the  trial  is  finished  to  substitute  for  a  plea  of  guilty  or  guilty  in  a  less  degree 
than  charged,  a  plea  of  not  guilty,  or  vice  versa. 

Plea  in  bar  of  trial.— Pleas  in  bar  of  trial  are  sometimes  submitted  by  the  accused  for 
the  consideration  of  the  court.  These  may  be  either  to  the  jurisdiction  of  the  court  or 
special  pleas  which  go  to  the  merits  of  the  case.  Whatever  such  plea  may  be,  it  must  be 
fully  recorded  in  the  proceedings.  If  a  written  statement  of  the  plea  be  handed  into 
court,  it  shall  be  read  and  appended  to  the  record. 

Procedure  after  plea  in  bar.— If  the  plea  be  admitted  as  valid,  an  extract  from  the 
proceedings  of  the  court  shall  be  forwarded  to  the  convening  authority  for  his  informsr 
tion;  but  if  the  plea  be  considered  as  invalid,  the  decision  of  the  court  shall  be  comnumi- 
cated  to  the  accused  upon  court  being  opened,  it  shall  be  duly  recorded,  and  the  trial 
shall  proceed. 


PROCEEDINGS  OF   A  GENERAL  COURT-MARTIAL.  23 

Plea  of  former  jeopardy.— The  jeopardy  of  the  law  means  a  real  peril,  originally  of 
life  or  limb,  and  always  of  substantial  punishment  or  penalty.  A  fundamental  idea  is 
that  there  must  be  a  trial  upon  an  indictment  for  an  offense,  or  upon  some  equivalent 
charge  and  presentment,  as  by  a  court-martial,  submitting  a  definite  issue  and  involving 
conviction  or  acquittal.  The  person  must  be  in  danger  of  condemnation ;  a  mere  inquiry 
or  other  informal  proceeding  (informal  in  a  judicial  sense)  ending  in  a  reprimand,  does 
not  satisfy  either  element  of  the  principle  of  second  jeopardy.  Of  course,  if  there  is  a 
trial  in  some  form,  which  might  result  in  conviction  and  pimishment,  the  jeopardy  is 
none  the  less  complete  and  valid  as  a  bar  to  another  trial  because,  in  fact,  it  issues  in  a 
simple  rebuke;  for  absolute  acquittal,  if  the  peril  is  real,  is  equally  a  bar.  This  plea  is, 
therefore,  a  valid  bar  when  the  accused  has  been  duly  prosecuted  before  a  court-martial 
to  a  final  conviction  or  acquittal;  he  may,  however,  waive  objection  to  a  second  trial. 
(25  Opins.  A.  G.,  623.) 

Plea  of  Illegal  arrest.— Failure  to  conform  to  the  provisions  of  article  43  of  the  Articles 
for  the  Government  of  the  Navy  is  sometimes  pleaded  in  bar  of  trial  on  the  groimd  that 
the  accused  was  not  furnished  with  a  true  copy  of  the  charges  and  specifications  at  the 
time  he  was  put  under  arrest.  Such  a  plea  in  bar  has  no  validity,  the  Supreme  Court 
of  the  United  States  having  decided  that  the  word  "arrest,"  as  used  in  that  article, 
does  not  relate  to  the  preliminary  arrest  or  detention  of  an  accused  person  awaiting 
the  action  of  higher  authority  to  frame  charges  and  specifications  and  order  a  court- 
martial,  but  to  the  arrest  resulting  from  preferring  the  charges  by  the  proper  authority 
and  the  convening  of  a  court-martial. 

Pleading  less  degree.— In  case  the  charge  is  "desertion"  and  the  accused  desires  to 
admit  the  offense  of  "absence  without  leave"  only,  the  proper  form  of  pleading,  if  the 
facts  set  forth  in  the  specification  are  true  except  as  to  intent  and  the  accused  desires 
to  admit  them  without  proof,  is  as  follows:  To  the  specification— Guilty  except  to  the 
words  "desert"  and  "in  desertion,"  and  to  those  words,  not  guilty;  and  for  the 
excepted  words  should  be  substituted,  respectively,  the  words  "  absent  himself  with- 
out leave"  and  "so  absent"  and  to  such  words,  guilty.  To  the  charge — Guilty  in  a 
less  degree  than  charged,  guilty  of  absence  without  leave. 

Rejection  of  plea.— If,  after  a  plea  of  guilty  in  less  degree,  the  court  decides  to  proceed 
with  the  trial  of  the  accused  for  the  greater  offense  with  which  he  is  charged,  such  plea 
in  less  degree  shall  be  rejected  and  the  accused  advised  by  the  judge-advocate  to  substi- 
tute a  plea  of  "net  guilty."  Should  the  accused  decline  to  plead  thus,  as  advised,  the 
court  shall  direct  the  trial  to  proceed  as  if  the  plea  of  "not  guilty  "  had  been  entered,  and 
the  prosecution  shall  then  be  put  to  the  proof  of  every  allegation  contained  in  the  speci- 
fication. Save  in  exceptional  cases,  a  court-martial  should  try  the  accused  for  the  offense 
as  coarged. 

Var.  1.  The  accused  pleaded  in  bar  of  trial  saying  (here  give  plea 
if  oral).     Or,  and  submitted  a  written  plea,  which  was  read 

by  him   (his  counsel)    (the  judge-advocate),   appended,   marked 

(( >> 

The  accused  stated  that  he  had  no  testimony  to  introduce  in  sup- 
port of  his  plea. 

Or,  a  witness  on  behalf  of  the  accused  in  support  of  his  plea  entered 
and  was  duly  sworn.  (The  testimony  is  taken  in  the  same  manner 
as  hereinafter  given  for  the  prosecution;  arguments  may  then  be 
made  as  at  the  end  of  the  trial,  the  accused  having  the  opening  and 
closing.)     (Continued  as  in  Var.  2.) 

Var.  2,  (When  no  testimony  is  introduced,  but  the  accused  or 
counsel  wishes  to  submit  a  written  or  oral  argument  in  support  of 
plea.) 

The  accused  (counsel)  (judge-advocate)  read  an  argument  in  sup- 
port of  the  plea  by  the  accused,  original  appended,  marked  " ; " 

(or)  the  judge -advocate  did  not  desire  to  reply;  (or)  the  judge- 
advocate  requested  until in  order  to  prepare  his  reply,  where- 
upon the  court  adjourned  (took  a  recess)  until . 

(Also,  continued  from  Var.  1.) 

The  court  was  cleared.  When  opened  all  parties  to  the  trial  en- 
tered and  the  president  announced  that  the  court  overruled  the  plea, 
and  the  judge-advocate  asked  the  accused  if  he  had  any  further  plea 


24  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

in  bar  to  offer.  He  replied  in  the  afiirmative  and  (same  as  before), 
or  he  replied  in  the  negative,  and  the  judge-advocate  arraigned  the 
accused. 

Q.   (Same  as  before.)      (Or) 

When  opened,  all  parties  to  the  trial  entered  and  the  president 
announced  that  the  court  decided  that  the  plea  by  the  accused  was 
valid. 

The  president  ihereupon  addressed  a  communication  to  the  con- 
vening authority,   copy  appended,   marked  '' ,"  transmitting 

an  extract  from  the  proceedings  of  the  court  stating  that  the  accused 
had  submitted  a  plea  in  bar  (state  plea)  which  the  court  had  decided 
was  a  valid  one. 

Var.  a.  (If  the  accused  pleads  guilty,  etc.;  see  notes  following 
arraignment,  ante.)  The  accused  was  duly  warned  as  to  the  effect 
of  his  plea,  and  persisted  therein.  (This  warning  will,  of  course, 
not  be  given  when,  as  may  sometimes  be  the  case,  the  prosecution 
intends,  notwithstanding  the  plea  of  guilty,  to  introduce  evidence 
to  show  the  degree  of  criminality  involved.) 
The  accused  persisted  in  his  plea. 

Var.  b.  The  accused  withdrew  his  plea  of  guilty  and  was  rear- 
raigned  as  follows:    *    *    * 

Arraignment.— The  arraignment  is  the  beginning  of  the  trial. 

In  cases  of  desertion.— It  has  not  infrequently  happened  that  enlisted  men  charged 
with  desertion  have,  in  connection  with  a  plea  of  guilty,  made  a  statement  disclaiming 
having  had,  in  absenting  themselves,  any  intention  of  abandoning  the  service  and  stating 
facts  which,  if  true,  constitute  absence  without  leave  only.  In  such  a  case  the  accused 
can  not,  in  general;  fairly  be  convicted  of  desertion  in  the  absence  of  an  investigation. 
(Opins.  J.  A.  G.  Army,  1992.)  When  such  conditions  arise,  the  president  of  the  court 
should  direct  the  judge-advocate  to  change  the  plea  to  not  guilty. 

Trials  in  joinder.— When  two  or  more  persons  are  tried  in  joinder  they  should  be 
separately  arraigned,  the  questions  constituting  each  arraignment  and  the  answers 
thereto  being  separately  recorded;  and  throughout  the  trial  the  accused  persons  should 
severally  be  given  the  same  opportunity  to  answer,  plead,  make  objections,  examine,  be 
examined,  submit  a  wTitten  defense  or  statement,  etc.,  and  the  fact  should  in  every 
instance  be  entered  upon  the  record  with  the  same  particularity,  as  in  the  ordinary  case 
of  the  trial  of  one  person  only,  for  which  provision  is  made  in  these  forms  of  procedure. 

The  prosecution  began. 

Lists  of  witnesses. — The  judge-advocate  shaU,  prior  to  the  trial  if  practicable,  call 
upon  the  accused  for  a  list  of  the  witnesses  he  wishes  summoned  for  his  defense,  and 
shall  at  the  same  time  furnish  him  a  list  of  the  witnesses  who  are  to  appear  against  him. 
It  is  to  be  understood,  however,  that  neither  party  is  precluded  from  calling  further 
witnesses  whose  attendance  may,  during  the  coinrse  of  the  trial,  be  foixnd  necessary  to 
the  proper  administration  of  justice. 

Member  or  judge-advocate  as  witness.— If  any  member  of  the  court  or  the  judge- 
advocate  is  required  to  testify  for  the  prosecution  he  shoiild  be  the  first  witness  called. 
Should  the  president  of  the  court  become  a  witness,  the  oath  or  afiirmation  shall  be 
administered  to  him  by  the  member  next  in  rank  who  shall  preside  during  the  progress 
of  his  examination.  If  the  judge-advocate  be  a  witness  he  shall  record  his  own  testimony 
unless  the  employment  of  a  clerk  or  stenographer  has  been  authorized.  When  a  member 
or  the  judge-advocate  has  completed  his  testimony  an  entry  shall  be  made  to  the  effect 
that  the  witness  resiuned  his  seat  as  member  or  judge-advocate. 

Exception  as  to  competency  of  witness.— Should  either  party  take  exception  to  the 
competency  of  any  witness,  such  exception  must  be  stated  in  open  court  and,  together 
with  the  decision  of  the  coini;  thereon,  must  be  fully  recorded  in  the  proceedings. 

Examination  of  witness  to  whom  exception  made.— If  either  side  objects  to  the 
competency  of  a  witness  he  may  be  examined  relative  thereto  before  he  is  regularly  sworn 
as  a  witness,  in  which  case  the  following  oath  should  be  administered: 

Oath  administered  on  voir  dire:  You  swear  (or  affirm)  that  you  will  true  answers 
make  to  questions  touching  your  competency  as  a  witness  in  this  case:  So  help  you  God 
(or,  this  you  do  under  the  pains  and  penalties  of  perjury). 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  25 

When  exception  should  be  made.— As  a  general  rule  the  exception  to  the  competency 
of  a  witness  shall  be  stated  before  he  is  sworn,  but  at  whatever  stage  of  the  trial  the 
incompetency  of  the  witness  appears,  if  the  court  decides  that  the  objection  to  his  com- 
petency is  valid,  it  may  arrest  the  evidence  and  disregard  his  testimony. 

Reading  of  charges  to  witness.— Before  a  witness  is  examined,  the  general  charges 
may  be  read  to  him,  if  the  court  thinks  proper;  but  the  specifications  shall  not  be  read  to 
him,  particularly  when  they  are  so  worded  as  to  instruct  him  how  to  answer,  or  to  make 
known  to  him  the  minute  facts  of  the  case. 

A  witness  for  the  prosecution  entered  and  was  duly  sworn. 

Oath  administered  to  witness.— You  do  solemnly  swear  (or  affirm)  that  the  evidence 
you  shall  give  in  the  case  now  before  this  court  shall  be  the  truth,  the  whole  truth,  and 
nothing  but  the  truth,  and  that  you  will  state  everything  within  your  knowledge  in 
relation  to  the  charges:  So  help  you  God  (or,  this  you  do  imder  the  pains  and  penalties 
of  perjury). 

Examined  by  the  judge-advocate: 

1.  Q.  What  is  your  name,  rank  (rate),  and  present  station? 
j^    *     *     * 

2.  Q.  As  whom  do  you  recognize  the  accused? 

A        jjc        jjt        ^; 

Questions  numbered.— The  questions  asked  each  witness  shall  be  numbered  con- 
secutively throughout  his  examination.  If  the  examination  is  interrupted  by  recess  or 
adjournment  and  is  resumed  when  the  court  reassembles  or  reconvenes,  the  numbering 
shall  be  continued.  If,  however,  the  first  examination  of  the  witness  is  completed  and, 
later  in  the  trial,  he  is  recalled,  the  numbering  of  the  questions  asked  on  this  later  exami- 
nation shall  begin  anew. 

Answers  paragraphed. — All  answers  of  a  witness  shall  begin  a  new  paragraph,  as 
herein  shown. 

Leading  questions.— In  the  direct  examination  leading  questions  are  not  permitted 
except  (1)  questions  as  to  identification.  (2)  introductory  questions,  (3)  questions  tending 
to  aid  a  defective  memory,  and  (4)  questions  to  a  witness  who  appears  to  be  hostile  to  the 
party  that  called  him.  But,  especially  in  cases  where  identification  is  an  important 
element  in  the  case,  a  witness  should  not  be  asked  if  he  recognizes  the  accused  as  such 
and  such  a  person,  giving  his  name,  unless  the  accused  has  already  been  sufficiently 
identified. 

Direct  examination.— All  the  testimony  desired  and  obtainable  from  the  witness 
should  be  drawn  from  him  in  the  direct  examination.    The  court  may  or  may  not  permit 
a  subsequent  direct  examination  on  matters  not  previously  touched  upon.    (Winthrop 
Abridg.,  138.) 
*       *       * 


3.  Q. 

Var.  This  question  was  objected  to  by  the  accused,  (a  member) 
on  the  ground  (here  state  reason). 

The  judge-advocate  replied  (here  give  reply). 

The  court  was  cleared.  When  opened  all  parties  to  the  trial  en- 
tered and  the  president  announced  that  the  objection  by  the  ac- 
cused (a  member)  was  sustained. 

(Or) announced  that  the  court  overruled  the  objection. 

(If  objection  is  overruled.) 
3.  Q.  *     *     * 

A       ^        :{:        :J: 


4.  Q 
A. 


Cross-examined  by  the  accused  (counsel) : 

*     *     * 


Cross-examination.— The  object  of  cross-examination  is  to  test  the  credibility  of  the 
witness. 

Leading  questions.— Leading  questions  and  also  questions  that  are  not  relevant  are 
permitted  on  cross-examination,  provided  their  purpose  is  to  test  (1)  the  witness'  power 
of  observation,  (2)  his  accuracy  of  memory,  or  (3)  the  connection  of  his  statements  with 
each  other  or  with  the  attendant  circumstances. 


26  PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL. 

Keexamined  by  the  judge-advocate : 
37.  Q.  *     *     * 

A        ;js        }({        5|s 

Kecross-examined  by  the  accused  (counsel) : 
45.  Q.  *     *     * 

Jk        sK         %         5{J 

Examined  by  the  court : 
51.  Q.  *     *     * 

/V         ^  '!>  ^ 

Vah.  53.  Q.  Question  by  a  member:    *    *    * 

This  question  was  objected  to  by  the  accused  (judge-advocate)  on 
the  ground  (here  state  reason). 

The  court  was  cleared.  When  opened  all  parties  to  the  trial  en- 
tered and  the  president  announced  that  the  court  sustained  the 
objection  of  the  accused  (judge-advocate). 

iOr) announced  that  the  court  overruled  the  objection  of 

the  accused  (judge-advocate).  (The  question  then  becomes  a 
question  by  the  court.) 

53.  Q.  *     *     * 

A        Jp         :}t         5fC 

Questions  of  members.— All  questions  originating  -witli  members,  and  which  have 
been  received,  are  recorded  as  "by  the  court,"  but  when  made  the  subject  of  discussion 
and  rejected  they  are  recorded  as  "  by  a  member. " 

Character  of  members'  questions.— A  member  may  put  such  questions  as  he  desires; 
though,  since  members  must  be  impartial  and  without  prejudice,  questions  by  them 
should,  in  general,  be  for  the  purpose  of  making  clear  the  meaning  of  testimony  already 
given.    (Winthrop  Abridg.,  108.) 

How  questions  aslied. — A  question  by  a  member  may  be  put  directly  to  a  witness 
without  submitting  it  first  to  the  court;  if,  however,  it  is  objected  to  and  ruled  out  it 
must  be  recorded  as  "by  a  member."  It  is  generally  preferable  to  submit  the  questions 
to  the  court  before  they  are  asked. 

The  witness  verified  his  testimony,  was  duly  warned,  and  with- 
drew. 

Testimony  of  witness  read.— The  recorded  testimony  of  a  witness  shall  be  read  to  or 
by  him  in  order  that  he  may  verify,  correct,  or  amend  it.  If  this  method  is  not  con- 
venient, the  procedure  shown  in  Var.  3,  below,  shall  be  followed. 

Warning  to  witness. — Before  a  witness  withdraws  from  the  court  room  the  president 
shall  warn  him  not  to  converse  upon  matters  pertaining  to  the  trial  during  its  continu- 
ance. This  warning  shall  be  omitted  in  the  case  of  members,  the  judge-advocate,  accused, 
and  counsel  if  they  are  caUed  as  witnesses. 

Omission  of  step  in  examination.— If  any  step  in  the  examination  of  a  witness  is 
omitted  by  reason  of  the  fact  that  the  party  whose  turn  it  is  to  examine  does  not  desire 
to  ask  any  questions,  the  record  must  show  by  a  suitable  entry  that  an  opportunity  was 
afforded;  thus,  "The  accused  did  not  desire  to  cross-examine,"  etc. 

Var.  1.  corrected  his  testimony  as  follows:  Page — ,  answer 

to  question  No.  : — ,  the  words  " "  changed  to  " 


,"  and  as  thus  amended  was  read,  pronounced  by  him  cor- 
rect, and,  after  being  duly  warned,  he  withdrew. 

Var,  2.  and  then  resumed  his  seat  as  judge-advocate  (presi- 
dent, member). 

Var.  3.  At  the  request  of  the  judge-advocate  the  witness  was 
directed  to  report  to-morrow  at  —  o'clock — .  m.,  to  correct  or  verify 
his  testimony,  and,  after  being  duly  warned,  he  withdrew. 


'^^     OF    THE  „ 

UNIVERSITY    ^OCEEDINGS   OF  A  GENERAL   COURT-MARTIAL.  27 

OF  / 

Ca    I  pohN\K>^    Direction  to  witness.— This  direction  is  given  in  order  that  the  witness  may  correct, 
''"^^ — ■ — J^r^=J===''^    amend,  or  verify  his  testimony  on  the  next  or  some  future  day,  when  it  is  not  convenient 
to  have  him  do  so  immediately  at  the  conclusion  of  his  examination. 

Manner  of  correcting  testimony.— Upon  the  reappearance  of  the  witness  at  the  time 
indicated,  the  correction,  amendment,  or  verification  may  be  accomplished  in  either  of 
two  ways.  First,  the  witness  may  be  present  during  the  reading  of  so  much  of  the  record 
as  contains  his  testimony,  and,  at  the  conclusion  of  such  reading,  make  any  necessary- 
changes  or  verify  it;  or,  second,  he  may  be  furnished  with  so  much  of  the  record,  or  a  copy 
thereof,  as  contains  his  testimony,  thus  enabling  him  to  reconsider  and  revise  the  same, 
after  which  he  is  called  before  the  court  to  correct,  amend,  or  verify  it.  The  latter  method 
is  recommended. 

Manner  of  recording  corrections.— In  recording  corrections  or  amendments  made  by 
a  witness  no  erasure  or  obliteration  of  his  original  testimony  is  permitted.  The  correc- 
tion or  amendment  desired,  and  any  remarks  made  by  the  witness  in  connection  there- 
with, are  to  be  separately  and  distinctly  entered  on  the  record. 

Corrections  indicated  in  red  inli.— When  a  witness  amends  his  testimony,  as  above 
directed,  a  marginal  note  shall  be  made  in  red  ink  opposite  the  testimony  which  is 
changed.  This  note  shall  give  the  amendment,  if  brief,  or  shall  refer  to  the  page  of  the 
record  where  the  correction  may  be  found.    (As,  "See  correction,  p.  — .") 

Examination  upon  corrections.— If  the  correction  or  amendment  is  material,  the 
witness  may  be  cross-examined  thereon. 

The  court  took  a  recess  until  —  p.  m. 

The  court  reassembled  at  the  expiration  of  the  recess.     Present: 
All  the  members,  the  judge-advocate,  the  stenographer,  the  accused        ^ 
and  his  counsel. 

Recess  or  adjournment.— When  the  business  of  the  court  is  suspended  from  one  day 
to  the  next,  or  for  a  longer  period,  the  record  should  show  that  the  court  adjourned  vmtil 
the  time  agreed  upon;  but  when  the  period  of  suspension  of  business  is  from  one  part  of  a 
day  to  another  part  of  the  same  day,  the  record  should  show  that  a  recess  was  taken  for 
the  time  mentioned. 

Var.  1.  The  court  adjourned  to  meet  to-morrow,  Saturday  (or  if 
Saturday,  to  meet  Monday),  at  —  o'clock  a.  m. 

Var.  2.  The  judge-advocate  stated  that ,  a  material 

witness,  had  not  appeared,  and  requested  the  court  to  adjourn  imtil 
to-morrow  morning.    The  court  adjourned  to  meet,  etc. 

Dutyofofflceror  enlisted  man  when  summoned  toappear.— An  oflacer  or  enlisted  man 

who  is  duly  summoned  must  appear  and  testify,  and  any  such  person  who  refuses  to 
give  evidence,  or  to  give  it  in  the  manner  required  by  the  Articles  for  the  Government 
of  the  Navy,  or  who  prevaricates  or  behaves  with  contempt  to  the  court,  may  be  sen- 
tenced by  the  court  to  imprisonment  for  any  time  not  exceeding  two  months. 

Witness  on  waiting  orders  or  leave.— Whenever  the  judge-advocate  of  a  court- 
martial  convened  within  the  limits  of  the  United  States  has  occasion  to  summon  as 
witness  an  officer  who  may  at  the  time  be  on  waiting  orders  or  on  leave,  he  shall,  at  the 
same  time,  notify  the  Bureau  of  Navigation  or  the  Commandant  of  the  Marine  Corps,  as 
the  case  may  be,  of  the  fact  that  the  summons  has  been  issued;  and  he  shaU  send  a  similar 
notice  when  such  oflScer  is  discharged  from  further  attendance  on  the  court. 

Civilian  witnesses.— A  naval  court-martial  or  court  of  inquiry  has  power  to  issue 
like  process  to  compel  witnesses  to  appear  and  testify  which  United  States  courts  of 
criminal  jurisdiction  v/ithin  the  State,  Territory,  or  district  where  such  naval  court 
shall  be  ordered  to  sit  may  lawfully  issue.    (Act  of  Feb.  16, 1909.) 

When  witness  guilty  of  misdemeanor.— Any  person  duly  subpoenaed  to  appear  as  a 
witness  before  a  general  court-martial  or  court  of  inquiry  of  the  navy  who  willfully 
neglects  or  refuses  to  appear,  or  refuses  to  qualify  as  a  witness  or  to  testify  or  produce 
documentary  evidence  which  such  person  may  have  been  legally  subpoenaed  to  produce, 
shall  be  deemed  guilty  of  a  misdemeanor,  for  which  such  person  shall  be  punished  on 
information  in  the  district  court  of  the  United  States.  This  does  not  apply  to  persons 
residing  beyond  the  State,  Territory,  or  district  in  which  such  naval  court  is  held. 
(Act  of  Feb.  16,  1909.) 

When  witness  need  not  answer.— No  witness  shall  be  compelled  to  incriminate 
himself  or  to  answer  any  question  which  may  tend  to  incriminate  or  degrade  him. 

(See  also  notes  after  "  Subpoena  for  civilian  witness.") 

The  court  adjourned  to  meet . 


28  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

SECOND   DAY. 

Navy- Yard,  Philadelphia,  Pa., 

Tuesday,  June  22,  1909. 
The  court  met  at  10  a.  m. 

Present:  All  the  members,  the  judge-advocate,  the  stenographer, 
the  accused  and  his  counsel. 
No  witnesses  were  present. 

Var.  All  witnesses  were  directed  to  withdraw. 

The  record  of  proceedings  of  yesterday  (the  first  day  of  the  trial;  or 
Saturday)  was  read  and  approved. 

Reading  record.— In  reading  the  record  of  the  court,  the  salient  features  of  the  pro- 
ceedings only  need  be  read;  it  is  not  necessary  to  read  the  testimony  recorded  nor  the 
various  interlocutory  arguments  of  counsel.  The  court's  rulings,  however,  on  questions 
submitted  for  decision  should  be  read. 

Var.  1.  Present:  All  the  members  except .     Also 

present:  The  judge-advocate,  the  stenographer,  the  accused  and  his 
counsel. 

Var. ^2.  Present:  All  the  members  except — ;  the  med- 
ical certificate  accounting  for  his  absence  was  read  and  appended, 
marked  " ."  Also  present:  The  judge-advocate,  the  stenog- 
rapher, the  accused  and  his  counsel. 

Procedure  in  absence  of  members.— If  the  absence  of  a  member  reduces  the  court 
below  the  legal  minimum,  an  adjomnment  should  be  taken  until  the  next  day,  or  over 
Sunday,  as  the  case  may  be,  unless  it  appears  that  the  absence  of  the  member  may  be 
protracted,  in  which  case  the  president  should  advise  the  convening  authority  of  the 
facts. 

Var.  3.  Present:  All  the  members,  the  judge-advocate,  the  stenog- 
rapher, the  accused  and  his  counsel.     Lieut.  J K.  L , 

U.  S.  Navy,  who  was  absent  yesterday  when  the  court  was  organized, 
appeared  and  stated  (here  give  statement) . 

The  court  accepted  the  explanation. 

The  accused  stated  that  he  did  not  object  to  this  member.  (Should 
he  object,  proceed  as  under  challenge.) 

Lieut.  J K.  L ,  U.  S.  Navy,  was  duly  sworn. 

No  witnesses  were  present. 

The  record  of  proceedings  of  yesterday  was  read  and  approved. 

Each  witness,  who  had  been  examined  during  the  absence  of  Lieut. 

J K.  L ,  was  called  before  the  court,  informed  that  his 

oath  previously  taken  was  still  binding,  heard  his  own  evidence  read, 

and,  Lieut.  L not  desiring  to  question  him,  he  pronounced  his 

testimony  correct  and  withdrew. 

(Should  Lieut.  L wish  to  examine  the  witness,  or  should  any 

of  the  other  parties  to  the  trial  wish  to  question  him  on  any  correction 
he  may  have  made  in  his  testimony,  proceed  as  if  he  were  a  new  wit- 
ness about  to  be  examined.) 

Var.  4.  Present:  All  the  members  except  Commander  D E. 

F ,  U.  S.  Navy,  whose  absence  is  accounted  for  by  the  medical 

certificate  previously  read  and  appended. 

The  judge-advocate  read  an  order  from  the  convening  authority 
relieving  Commander  D E.  F ,  U.  S.  N^vy,  and  appoint- 
ing Surg.  M L.  F ,  U.  S.  Navy,  as  a  member  of  the  court. 


PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  29 

Procedure  upon  seating  of  new  member.— In  the  case  of  a  member  of  the  court 
appointed  and  taking  his  seat  as  such  after  the  trial  has  begun,  the  procedinre  will  be 
similar  to  that  set  forth  in  variation  3  as  regards  challenge,  hearing  reading  of  record  of 
proceedings  of  trial  to  date,  and  also  the  evidence  given  by  and  the  further  examination 
of  former  witnesses. 

Var.  5.  Present:  All  the  members,  the  stenographer,  the  accused 
and  his  counsel.  The  judge-advocate  being  absent,  the  court  ad- 
journed until  to-morrow,  the  —  instant,  at  10  a.  m. 

Judge-advocate's  absence  protracted.— As  the  court  has  no  authority  to  detail  a 
judge-advocate,  it  shall,  if  the  latter's  absence  is  Ukely  to  be  protracted,  notify  the  con- 
vening authority  of  such  absence. 

Var.  6.  (In  case  of  promotion  of  member  or  judge-advocate  since 
precept  was  issued.) 

The   judge-advocate   read    a    communication,    copy   appended, 

marked  " ,"  from  the  Bureau  of  Navigation,  Navy  Department, 

addressed  to  Lieut.  Commander  J K.  L ,  transmitting  to 

him  his  commission  as  a  lieutenant-commander  in  the  navy. 

Var.  7.  The  record  of  proceedings  of  yesterday  was  read  and  ob- 
jected to  by  the  accused  (a  member)  (the  court),  inasmuch  as  (here 
state    reason).    The  court    was  cleared.    When    opened,   etc.   (if 

objection  is  sustained),  the  record  was  corrected  so  that  " " 

on  page  —  shall  read  ' ' . ' ' 

With  this  correction  the  record  was  approved. 

Var.  8.  At  the  request  of  the  judge-advocate,  who  stated  that  the 
record  of  the  proceedings  of  yesterday,  the  —  day  of  the  trial,  was  not 

ready,  the  court  took  a  recess  until ;  or,  the  court  decided  to 

postpone  the  reading  of  this  record  until  such  time  as  it  shall  be 
reported  ready,  and  in  the  meantime  to  proceed  with  the  trial. 

Var.  9.  During  the  reading  of  so  much  of  the  record  as  contained 

the  testimony  of ,  he  was  called  before  the  court  and, 

having  been  informed  that  the  oath  previously  taken  was  still  bind- 
ing, stated  that  he  desired  to  make  the  following  correction  in  his 
testimony.  Page  — ,  answer  to  question  No.  — ,  line  No.  — ,  strike 
out  the  words  " "  and  insert  the  words  " r." 

With  this  correction,  he  pronounced  the  testimony  correct  and 
withdrew. 

Var.  10. ,  who  had  previously  testified,  was  called 

before  the  court,  informed  that  the  oath  previously  taken  was  still 
binding,  and  stated  that  he  had  read  over  (or,  had  had  read  over  to 

him)  the  testimony  given  by  him  on ,  the  —  day  of  the  trial, 

pronounced  it  correct,  and  withdrew.  (Or,  and  stated  that  he  de- 
sired to  make  the  following  corrections,  etc.) 

When  variation  10  used.— Variation  10  is  to  be  used  when  a  witness  has  been  given 
that  part  of  the  record  containing  his  testimony  and  has  read  it  over  (or,  has  had  it  read 
over  to  him)  outside  of  court. 

Corrections  indicated  In  red  Ink.— When  a  vi^itness  makes  corrections  in  his  testi- 
mony, a  note  in  red  ink  shall  be  made  opposite  the  place  in  the  left-hand  margin  of  the 
record.  This  note  shaU  refer  to  the  page  where  the  corrections  are  shown.  (As,  "See 
correction,  p.  — .") 

A  witness  for  the  prosecution  entered  and  was  duly  sworn. 

Var.  W V.  U ,  the  witness  under  examination  when 

the  court  adjourned,  appeared,  and,  being  warned  that  the  oath  pre- 
viously taken  was  still  binding,  continued  his  testimony. 


30  PEOCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Examined  by  the  judge-ad\^ocate: 


1.  Q. 

A. 


*        *        * 


*        *        * 

2.  Q.  *     *     * 

The  witness  decHned  to  answer  on  the  ground  that  it  might  tend 
to  incriminate  him. 

The  judge-advocate  requested  the  court  to  direct  the  witness  to 
answer. 

The  court  sustained  the  witness. 

Var.  The  court  was  cleared.  When  opened,  all  parties  to  the 
trial  and  the  witness  entered,  and  the  president  announced  that  the 
witness  need  not  (must)  answer  the  question. 

Witness  may  decline  to  answer.— A  witness  may  properly  decline  to  answer  when  it 
may  tend  to  incriminate  him;  no  inference  whatever  from  such  a  declination  is  permis- 
sible, except  in  case  of  the  accused  himself. 

Request  that  witness  be  required  to  answer.— The  judge-advocate  may  request  the 
court  to  require  the  witness  to  answer  on  the  ground  that  the  answer  would  not  tend  to 
incriminate  him.  If  the  court  sustains  the  request,  the  witness  must  answer  or  be  in 
contempt.  If  his  answer,  when  made,  does  tend  to  incriminate  him,  it  must  not  be  con- 
sidered as  evidence  and  can  not  subsequently  be  used  as  the  basis  of  any  prosecution. 

Prlvlleg:e  a  personal  one.— The  privilege  of  declining  to  answer  is  a  personal  one  and 
can  be  interposed  only  by  the  witness  himself,  but  he  may  be  informed  of  his  rights  in 
the  premises. 

3.  Q.  *    *    * 

/V        sfs        ^H        5^ 

The  witness  declined  to  answer  on  the  ground  that  his  answer 
would  violate  a  privileged  communication  (here  state  in  what  manner). 
The  court  sustained  the  witness  (or  as  the  case  may  be). 

Privileged  communications.— On  grounds  of  public  policy  a  witness  may  properly 
decline  to  answer  questions  that  would  violate  privileged  communications.  Such  are 
communications  between  attorney  and  client,  communications  between  husband  and 
wife,  state  secrets,  etc.  The  last  are  included  in  all  departments  of  the  Government, 
and  the  question  of  inclusion  under  this  head  is  decided  by  the  court  in  each  case  on 
grounds  of  the  requirements  of  public  policy. 

Privilege  a  personal  one. — The  privilege  of  declining  to  answer  is  a  personal  one  and 
can  be  interposed  only  by  the  witness  himself,  but  he  may  be  informed  of  his  rights  in 
the  premises. 

Examination  of  succeeding  witnesses. — The  examination  of  succeeding  witnesses 
should  be  conducted  on  the  lines  previously  indicated  for  the  first  witness. 


B.  C entered  as  a  witness  for  the  prosecution  and 


was  objected  to  by  the  accused  (here  give  reason), 


Grounds  for  objection  to  witness. — In  general,  a  witness  may  be  objected  to  on 
account  of  extreme  youth,  thus  being  unable  to  distinguish  between  truth  and  falsity, 
disease  affecting  the  mind,  or  any  other  cause  of  the  same  nature  which  would  prevent 
him  from  understanding  and  intelligently  testifying.  Deaf  and  dumb  persons  are  not, 
by  reason  of  those  physical  defects  alone,  incompetent.  In  the  case  of  husband  and  wife, 
neither  spouse  is  competent  to  testify  for  or  against  the  other  l^efore  courts-martial, 
excepting  that  in  crimes  involving  personal  injury  committed  by  one  upon  the  other, 
the  injured  spouse  may  testify  against  the  other. 

Rules  governing  the  competency  of  witnesses.— The  rules  governing  the  compe- 
tency of  witnesses  before  the  criminal  courts  of  the  United  States  and  the  States,  where 
apposite,  are  generally,  though  not  always  necessarily,  followed  in  the  practice  of  courts- 
martial.    (Dig.  Opins.  J.  A.  G.  Army,  2460.) 


PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL.  31 

The  judge-advocate  replied  (here  give  reply). 

How  decided.— The  objection  to  a  witness  on  the  ground  of  incompetency  is  tried  and 
decided  similarly  to  the  plea  in  bar.  It  may  be  interposed  at  any  time  after  the  witness 
is  called. 

Witness  examined  on  voir  dire.— If  the  objecting  party  wishes  to  examine  the  witness 
on  his  voir  dire,  or  to  introduce  testimony,  the  following  oath  should  be  administered  by 
the  president: 

Oath  on  voir  dire.— Yon,  A B ,  swear  that  you  will  true  answers  make  to 

questions  touching  your  competency  as  a  witness  in  this  case;  so  help  you  God. 

If  objection  made  while  witness  on  stand.— If  the  question  of  the  witness's  com- 
petency arises  while  he  is  on  the  stand,  his  examination  is  arrested  and  the  question 
decided.  If  he  is  declared  not  competent  the  court  will  disregard  any  testimony  that  he 
may  have  given;  if  competent,  the  examination  is  continued.  The  court  itself  decides 
the  question  of  competency. 

(The  evidence  may  be  continued  and  completed,  if  witness  is  com- 
petent, as  in  the  case  of  other  witnesses.) 

*  *  *  *  *  *  * 

3.  Q.  Are  you  the  legal  custodian  of  the  current  enlistment  record 

of  the  accused  (or,  of  the  official  log  book  of  the  U.  S.  S. ;  or, 

the  medical  journal  of  the  U.  S.  Naval  Hospital  at  ,  etc.)  ? 

If  so,  produce  it. 

A.  I  am. 

Method  of  Introducing  documentary  evidence.— Documentary  evidence  before 
courts-martial,  consisting  generally  of  public  writings,  will  be  introduced  by  the  proper 
custodian  taking  the  stand  as  witness  to  identify  such  documents,  presenting  them  to 
the  accused  for  inspection  and  opportunity  to  interpose  objection  to  their  admission,  and 
then,  if  there  be  no  reasonable  objection  interposed,  reading  therefrom  such  entries  as 
may  be  pertinent  to  the  issue,  certified  copies  of  which  must  be  attached  to  the  record. 
Upon  oljjection  being  interposed  by  either  party  to  the  trial,  the  court  will  rule  upon  the 
objection,  the  decision  thereon  being  final. 

Documentary  evidence  In  case  of  desertion.— That  a  man  has  been  charged  with 
desertion  is  no  evidence  that  he  has  committed  the  offense.  Therefore,  the  entry  on  an 
enlistment  record,  descriptive  list,  or  other  official  paper,  that  a  man  deserted  is  not  legal 
evidence  of  his  desertion,  but  is  only  evidence  that  he  has  been  so  charged.  Also,  it  has 
been  held  that  an  entry  upon  a  report  of  prisoners  that  an  accused  deserted  on  a  certain 
day  and  was  subsequently  apprehended  as  a  deserter  was  not  legal  evidence  of  the  fact 
of  desertion.    (Dig.  Opins.  J.  A.  G.  Army,  1056.) 

Official  records.— Official  records  on  file  in  the  Navy  Department,  and  copies  of  the 
same,  duly  certified,  are  evidence  of  the  facts  originally  entered  therein  and  not  compiled 
from  other  sources,  subject  to  rebuttal  by  proper  evidence  that  they  are  mistaken  or 
incorrect.    (Dig.  Opins.  J.  A.  G.  Army,  1293.) 

General  orders.— General  orders  may  ordinarily  be  proved  by  printed  official  copies 
in  the  usual  form.  The  court  will,  in  general,  properly  take  judicial  notice  of  the  printed 
order  as  genuine  and  correct.    (Dig.  Opins.  J.  A.  G.  Army,  1294.) 

Records  of  courts-martial.— Copies  of  records  of  courts-martial  authenticated  tmder 
seal,  as  provided  by  section  882,  Revised  Statutes,  are  admissible  in  evidence  equally 
with  the  originals.    (Dig.  Opins.  J.  A.  G.  Army,  1309.) 

Enlistment  records.— The  enlistment  paper,  the  physical  examination  paper,  and 
the  outline  card  are  original  writings  made  by  officers  in  the  performance  of  duty  and 
competent  evidence  of  the  facts  recited  therein.  Copies,  duly  authenticated  under  the 
seal  of  the  Department,  are  admissible  as  fully  as  the  originals.  (Dig.  Opins.  J.  A.  G. 
Army,  1310.)  When  the  enlistment  record  and  finger-print  card  have  been  forwarded 
to  the  judge-advocate,  he  becomes  their  legal  custodian  after  he  receives  them. 

Morning  report  book. — This  is  an  original  writing.  In  order  properly  to  admit 
extracts  in  evidence,  the  book  should  first  be  identified  by  the  proper  custodian,  and  the 
extracts  then  not  merely  read  to  the  court  by  the  witness,  but  copied  and  the  copies, 
proi)erly  verified,  attached  as  exhibits  to  the  record  of  the  court.  (Dig.  Opins.  J.  A.  G. 
Army,  1313.) 

Parties  have  right  to  inspect  documents.- The  party  against  whom  documentary 
evidence  is  adduced  has  a  right  to  inspect  it  before  it  is  read  or  shown  to  the  court. 


32  PKOCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

The  witness  produced  the  current  enhstment  record  of  the  accused 
(or  other  document,  as  the  case  may  be) ,  and  it  was  submitted  to  the 
accused  and  the  court,  and  by  the  judge-advocate  offered  in  evidence. 
There  being  no  objection,  it  was  so  received. 

4.  Q.  The  accused  is  charged  with ;  read  such  portions  of 

that  record  (or  other  document)  as  may  refer  thereto. 

The  witness  read  from  the  said  record  (or  other  document)  an 
extract  (or  extracts),  copy  appended,  marked  "- ." 

Var.  1.  3.  Q.  I  show  you  a  book  [witness  shown  log  book]; 
can  you  identify  it? 

A.  I  can;  it  is  the  official  log  book  of  the  U.  S.  S. . 

Var.  2.  3.  Q.  I  show  you  a  letter  [witness  shown  paper];  can  you 
identify  the  handwriting  in  which  it  is  written? 

A.  I  can. 

4.  Q.  By  whom  was  it  written? 

A.  By . 

When  opinion  as  to  handwriting  deemed  relevant.— When  there  is  a  question  as 
to  the  person  by  whom  any  document  was  written  or  signed,  the  opinion  of  any  person 
acquainted  with  the  handwriting  of  the  supposed  writer,  that  it  was  or  was  not  written 
or  signed  by  him,  is  deemed  a  relevant  fact. 

How  opinion  may  be  formed.— A  person  is  deemed  to  be  acquainted  with  (and  may 
prove)  the  handwriting  of  another  person  when  he  has  at  any  time  seen  that  person 
write,  or  when  he  has  received  documents  purporting  to  be  MTitten  by  that  person  in 
answer  to  documents  written  by  himself  or  imder  his  authority  and  addressed  to  that 
person,  or  when,  in  the  ordinary  course  of  business,  documents  purporting  to  be  written 
by  that  person  have  been  habitually  submitted  to  him. 

Comparison  of  handwriting.— Where  a  paper  admitted  or  clearly  proved  to  be  genuine 
is  already  in  evidence  for  some  other  purpose  in  a  cause,  and  another  paper,  pertinent  to, 
the  issue  and  alleged  to  be  in  the  same  handwriting,  is  offered  in  evidence,  the  jury  may 
compare  the  latter  with  the  former.    (Rejmolds'  Stephen  on  Evidence,  86-88.) 

Evidence  of  contents  of  a  writing.— There  can  be  no  evidence  of  the  contents  of  a 
writing  other  than  the  writing  itself,  except  in  the  following  cases:  (1)  When  the  original 
has  been  lost  or  destroyed;  (2)  when  the  original  is  a  record,  or  other  document,  in  cus- 
tody of  a  public  officer;  (3)  when  the  original  is  in  possession  of  the  party  against  whom 
the  evidence  is  offered  and  the  latter  fails  to  produce  it  after  reasonable  notice;  and  (4) 
when  the  original  consists  of  numerous  accounts  or  other  documents  which  can  not  be 
examined  by  the  court  without  great  loss  of  time  and  the  fact  sought  to  be  established 
from  them  is  only  the  general  result  of  the  whole. 

Acts  set  forth  in  a  writing.— Where  any  official  paper  sets  forth  acts  done,  etc.,  by  an 
officer  or  soldier  signing  the  same  or  referred  to  therein,  and  such  acts  are  material 
evidence  and  can  be  proved  by  himself  in  person  as  a  witness,  his  testimony,  as  being 
the  best  evidence  of  the  facts,  should  be  resorted  to  instead  of  the  wTiting. 

Official  papers  prima  facie  evidence.— Official  papers,  other  than  judicial  records, 
acts  of  state,  and  public  books  and  records  required  by  statute  to  be  kept,  fiKnish  not 
conclusive  but  only  prima  facie  evidence  of  the  facts  therein  recited. 

Var,  3.  The  judge-advocate  produced  an  attested  copy  of  a  docu- 
ment (letter,  order,  etc.)  (or,  copy  under  seal  of  the  Navy  De- 
partment), the  original  of  which  he  informed  the  court  could  not  be 
produced,  as  it  was  lost  (part  of  a  permanent  record;  on  official  file, 
etc.),  and  submitted  it  to  the  accused  and  the  court,  and  offered  it 
in  evidence. 

Sec.  882,  R.  S.— "Copies  of  any  books,  records,  papers,  or  documents  in  any  of  the 
executive  departments,  authenticated  under  the  seals  of  such  departments,  respec- 
tively, shall  be  admitted  in  evidence  equally  with  the  originals  thereof."  The  words 
"documents"  and  "papers"  can  not  be  held  to  mean  every  document  or  paper  on  file, 
but  only  such  as  were  made  by  an  officer  or  agent  of  the  Goverimient  in  the  course  of  his 
official  duty.    (7  C.  Cls.,  406.) 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  33 

Docnmentary  evidence  ruled  out.— When  documentary  evidence  is  ruled  out,  it 
need  not  be  appended  to  the  record,  but  its  contents  should  be  referred  to,  so  that  the 
reviewing  authority  may  know  what  the  document  was. 
******* 

The  judge-advocate  informed  the  court  that  D E.  X , 


an  essential  witness,  was  too  ill  to  appear  in  the  court  room,  and 

asked  the  court  to  adjourn  to  ,  where  he  was;  the  medical 

certificate  was  read  and  appended,  marked  " ." 

The  court  was  cleared.  When  opened,  all  parties  to  the  trial 
entered  and  the  president  announced  that  the  court  would  adjourn 
to in  compliance  with  the  request  of  the  judge-advocate. 

The  court  and  all  parties  to  the  trial  assembled  at ,  where 

the  witness  was  in  bed  (or  as  the  case  may  be).    Present:  etc. 

D E.  X was  duly  sworn.     (Insert  testimony.) 

The  witness  verified  his  testimony  and  was  duly  warned. 

All  parties  to  the  trial  returned  to  the  navy-yard,  Philadelphia, 
Pa.,  where  the  court  reassembled.    Present:  etc. 

Var.  1.   The  court  adjourned  to  meet  to-morrow,  ,  at  — 

o'clock  —  m.,  at  the  navy-yard,  Philadelphia,  Pa. 

Var.  2.  (If  examination  is  not  completed.)    The  court  adjourned 

to  meet  to-morrow, ,  at  —  o'clock  —  m.,  at  this  the  place  of 

adjournment. 

The  judge-advocate  informed  the  court  that  he  had  summoned 

Lieut.  F F.  G ,  U.  S.  Navy,  a  material  witness,  and  that 

ofiicer  having  failed  (refused)  to  comply  with  the  summons,  sub- 
mitted to  the  court,  and  by  its  permission  appended  to  the  record, 

marked  " ,"  duplicate  of  the  subpoena  and  affidavit  (certificate  of 

service),  and  moved  that  the  court  issue  a  writ  of  attachment  against 
the  contumacious  witness. 

The  motion  was  granted  and  the  writ  issued;  copy  appended, 
marked'^ ." 

(See  notes  following  Forms  of  Subpoena  for  Civilian  Witness 
and  Warrant  of  Attachment,  pp.  62,65.) 

(In  case  of  a  nolle  prosequi.)  The  judge-advocate  informed  the 
court  that  by  direction  of  the  convening  authority  he  entered  a  nolle 

prosequi  as  to  the specification  of  the charge,  and  as 

to  the charge.    A  nolle  prosequi  was  entered.     (If  accused  is 

not  present,  add,  and  the  accused  informed.)  The  letter  from  the 
convening  authority  is  appended,  marked  ^' ." 

The  prosecution  rested. 

The  defense  began. 

The  accused  was,  at  his  own  request,  duly  sworn  as  a  witness  in 
his  own  behalf,  and  testified  as  follows : 

Accused  as  witness.— The  law  provides  that  the  accused  shall,  at  Ms  own  request 
but  not  otherwise,  be  a  competent  witness,  and  shall  be  allowed  to  testify  in  his  own 
behalf;  and  his  failure  to  make  such  request  shall  not  create  any  presumption  against 
him. 

8483—10 3 


34  PKOCEEDINGS   OF  A  GENERAL  COURT-MAETIAL. 

Must  be  no  comment  on  failure  of  accused  to  testify. — Any  comment  at  any  time, 
especially  hostile  comment,  on  the  failure  of  the  accused  to  request  that  he  be  allowed 
to  testify  in  his  own  behalf  is  highly  improper.  "The  minds  of  the  jury  can  only  remain 
unaffected  from  this  circumstance  by  excluding  all  reference  to  it." 

Evidence  for  the  defense. — This  is  taken,  recorded,  and  verified  in  the  same  man- 
ner as  for  the  prosecution. 

Examined  by  the  judge-advocate: 

Preliminary  questions  to  witness  for  defense. — The  witnesses  for  the  defense 
will  first  be  questioned  by  the  judge-advocate  for  the  purpose  only  of  determining  the 
identity  of  such  witnesses  and  to  establish  whether  or  not  they  recognize  the  accused. 

1.  Q.  What  is  your  name,  rank  (rate),  and  present  station? 

/\         ^  ^  '!> 

2.  Q.  Are  you  the  accused  in  this  case? 

A       T^        *i^        5p 

Examined  by  the  accused  (counsel) : 

3.  Q.  *     *     * 

A  9fC  ^  TfC 

Cross-examined  by  the  judge-advocate: 
10.  Q.  *     *     * 

A        ^        :]c        ;): 

Testimony  of  the  accused. — When  the  accused  testifies  he  occupies  no  exceptional 
status  nor  has  he  any  special  privileges.  When  he  takes  the  stand  he  is  subject  to 
cross-examination  like  any  other  witness. 

Rules  governing  testimony  of  accused. — The  testimony  of  the  accused  is  not  ex- 
cepted from  the  ordinary  rules  governing  the  admissibility  of  evidence,  nor  from  the 
usual  tests  of  cross-examination,  rebuttal,  etc.    (Dig.  Opins.  J.  A.  G.  Army,  1300.) 

Examined  by  the  court: 
17.  Q.  *     *     * 

A        •!*        H*        *!* 

The  witness  verified  his  testimony,  and  then  resumed  his  seat  as 
the  accused. 
A  witness  for  the  defense  entered  and  was  duly  sworn. 
Examined  by  the  judge-advocate: 

1.  Q.  What  is  your  name,  rank  (rate),  and  present  station? 

A         *t*         5|C  4C 

2.  Q.  As  whom  do  you  recognize  the  accused? 

A  ?)C  3)C  ?fC 

Examined  by  the  accused  (counsel) : 

3.  Q.  *     *     * 

The  witness  requested  permission  to  refresh  his  memory  from  a 
memorandum. 

By  whom  request  may  be  made. — This  request  may  be  preferred  by  the  examiner  or 
by  any  of  the  parties  to  the  trial. 

Cliaracter  of  memorandum.— A  witness  may  be  allowed  to  refresh  his  memory  from 
memoranda  written  by  himself,  or  under  his  direction,  at  any  time  when  the  facts  therein 
stated  were  fresh  in  his  mind,  provided  that  after  his  memory  is  thus  stimulated  he  can 
testify  from  a  present  recollection  either  (1)  that  the  statements  made  in  the  memoranda 
are  true,  or  (2)  that  the  memoranda  when  made  recorded  the  facts  and  have  not  been 
subsequently  altered  in  any  material  particular. 

Memorandum  positively  testified  to.— A  document  used  to  refresh  memory  is  admis- 
sible in  evidence  if  positively  testified  to,  especially  in  case  (2)  above. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  35 

May  be  inspected  by  opposite  party.— The  party  against  whom  documentary  evi- 
dence is  adduced  has  a  right  to  inspect  it  before  it  is  read  or  shown  to  the  court.  Should 
the  opposite  party  in  any  case  wish  to  question  the  witness  as  to  the  memorandum  and 
as  to  the  time  and  circumstances  under  which  it  was  made,  such  an  examination  is 
proper,  and  the  following  form  may  be  used: 

Var.  Examined  by  judge-advocate: 

4.  Q.  When  was  this  memorandum  made? 
j^    *    *    * 

5.  Q.  Under  what  circumstances  was  it  made? 
j^    it     *     * 

Examined  by  accused  (counsel): 
*    *    * 


6.  Q. 
A.  * 


Cross-examined  by  judge-advocate: 


9.  Q. 


*    *    * 
A.  *    *    * 


The  witness's  request  was  granted  and,  after  inspecting  the  memo- 
randum, he  continued  his  testimony. 

yy      ^jc       5JC       3jt 

Var.  The  witness  stated  that  he  could  not  remember  the  facts. 
(In  case  of  improper  language  or  behavior  of  the  witness.) 
The  president  cautioned  the  witness  as  to  his  language  (behavior). 

Bequest  as  to  caution. — The  caution  may  be  given  at  the  request  of  a  member,  the 
judge-advocate,  or  on  the  president's  own  initiative. 

The  witness  replied  (here  give  reply). 

Satisfactory  reply.— If  the  reply  of  the  witness  is  satisfaqtory  the  proceedings  for 
contempt  may  be  ended  here. 

The  court  was  cleared.  When  opened  all  parties  to  the  trial 
entered  and  the  president  announced  that  the  court  deemed  the 

witness,  E E.  F ,  guilty  of  contempt  of  court  in  that  he 

(here  insert  the  occurrence  in  full). 

The  court  informed  the  witness  that  he  was  at  liberty,  by  such 
proper  statement  as  he  might  think  necessary,  to  show  cause  why  he 
should  not  be  punished  for  contempt. 

Insisting  that  language  was  proper. — A  witness  can  not  purge  himself  of  contempt 
by  insisting  that  his  language  or  behavior  was  proper. 

The  witness  stated . 


The  witness  was  placed  in  charge  of  the  provost  marshal,  and  the 
court  was  cleared.  When  opened  all  parties  to  the  trial  entered  and 
the  president  announced  that  the  court,  having  adjudged  the  witness 

guilty   of   contempt    in   its    presence,    sentenced   him,    E E. 

F ,  to  .     (Or,  announced  that  the  witness  had  purged 

himself  of  contempt.) 

Place  of  conflnement.— The  place  of  confinement  for  a  witness  in  the  naval  service 
who  is  adjudged  guilty  of  contempt  and  sentenced  to  confinement  should  be  left  to  that 
person's  commanding  ofRcer. 

The  testimony  of  the  witness  was  continued. 

Continuation  of  testimony.— The  testimony  of  a  witness  who  has  been  adjudged 
guilty  of  contempt  may  be  conticued, 


36  PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL. 

By  the  judge-advocate: 
22.  Q.  *     *     * 

y\  ^  <)C  «t^ 

*  *  *  *  *  *  :(: 

The  witness  verified  his  testimony,  was  duly  warned,  and  was 
placed  in  charge  of  the  provost  marshal,  who  was  directed  to  deliver 
him  to  his  commanding  officer, ,  to  whom  a  communica- 
tion, copy  appended,  marked  " ,"  was  addressed,  announcing  the 

offense  and  sentence. 

Communication  to  commanding  officer.— This  communication  is  signed  by  the 
president.  It  should  state  the  offense,  the  sentence,  and  the  authority  therefor  which  is 
contained  in  article  42  of  the  Articles  for  the  Government  of  the  Navy. 

Var.  (In  the  case  of  a  civilian  witness.) 

22.  Q.  *    *    * 

The  witness  refused  to  answer  this  question  (or  to  produce  the 
book,  paper,  or  document  referred  to,  as  required  by  the  subpoena 
duces  tecum  in  his  case). 

The  witness  was  duly  tendered  (or  paid)  his  fee  and  mileage,  and 
was  cautioned  by  the  president  that  his  refusal,  if  persisted  in,  would 
make  him  amenable  to  punishment  under  section  12  of  the  act  of 
February  16,  1909;  that  is,  a  fine  of  not  more  than  $500  or  imprison- 
ment not  to  exceed  six  months,  or  both.  The  question  was  again 
put  to  him. 

22.  Q.  *    *    * 

The  witness  again  declined  to  answer  the  question  (or  to  produce 
the  desired  book,  paper,  or  document  as  required  by  the  subpoena 
duces  tecum  in  his  case)  and  gave  as  the  reason  for  his  refusal  that 
(here  give  reason  with  exactness). 

Questions  not  compelled  to  answer.— It  should  be  remembered  that  no  witness 
shall  be  compelled  to  incriminate  himself  nor  to  answer  any  question  which  may  tend  to 
incriminate  or  degrade  him. 

The  court  was  cleared.  When  opened  all  parties  to  the  trial 
entered  and  the  president  announced  that  the  facts  of  the  refusal  of 
the  witness  to  testify  (or  to  produce  the  book,  paper,  or  document, 
etc.)  would  be  certified,  by  order  of  the  court,  to  the  district  attorney 
for  the  necessary  action  in  the  premises,  as  required  by  law.  (The 
certificate  is  set  forth  among  the  forms  of  letters,  orders,  etc.,  post.) 
A  copy  of  said  certificate  is  appended,  marked  " ." 

23.  Q.  *    *    * 

j^    *    *    ik 

Etc.,  etc. 

The  witness  verified  his  testimony  and,  after  being  duly  warned, 
and  further  cautioned  not  to  depart  the  court  without  leave,  he  was 
permitted  to  withdraw. 

District  attorney  informed.— If  possible,  before  the  witness  in  contempt  is  permitted 
to  withdraw,  the  district  attorney  should  be  communicated  with  in  order  that  the  wit- 
ness may  be  apprehended  expeditiously.  The  law  does  not  give  the  court  authority  to 
restrain  such  person  of  his  liberty,  as  in  the  case  of  naval  witnesses. 

Arrest  of  witness.— Even  though  the  witness  departs  from  the  jurisdiction  within 
which  the  court-martial  sits,  the  district  attorney  may  cause  his  arrest  in  another  juris- 
diction, the  offense  being  one  against  the  United  States  for  which  provision  is  made  in 
section  1014  of  the  Revised  Statutes. 

A  witness  for  the  defense  as  to  character  was  duly  sworn  and  testi- 
fied as  follows :  (Testimony  recorded  as  previously  indicated.) 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  37 

Evidence  of  good  character.—"  Evidence  of  good  general  character  as  possessed 
prior  to  ttie  commission  of  the  alleged  offense  may  be  introduced  by  the  accused  as  part 
of  his  defense,  provided  the  character  shown  is  of  such  a  nature  that  it  may  properly 
weigh  with  the  court  in  determining  the  issue  involved  in  the  case;"  as  a  general  repu- 
tation for  sobriety  when  charged  with  drunkenness,  or  for  obedience  when  charged  with 
disobedience.  "  When  offered,  such  evidence  must  be  as  to  general  character;  particular 
acts  of  good  conduct  are  not  admissible." 

Character  evidence  In  military  cases.— In  military  cases  character  evidence  is 
usually  intended  partly,  or  principally,  in  mitigation  of  the  punishment  which  may 
follow  on  conviction.  "Thus  offered,  it  is  not  subject  to  the  rules  which  restrain  the 
scope  and  quality  of  such  testimony  when  defensive  only.  It  need  not  be  limited  to 
general  character  only,  but  may  include  particular  acts  of  good  conduct,  bravery,  etc. 
It  need  have  no  reference  to  the  nature  of  the  charge,  but  may  exhibit  the  reputation, 
or  record,  of  the  accused  in  the  service  for  efficiency,  fidelity,  subordination,  temper- 
ance, courage,  or  any  of  the  traits  that  go  to  make  a  good  officer  or  soldier.  ( Winthrop, 
530.) 
******* 

Z B ,  a  witness  for  the  defense,  was  recalled  and,  having 

been  warned  that  the  oath  previously  taken  by  him  was  still  binding, 
testified  as  follows:  (Testimony  recorded  as  previously  indicated.) 

Introdnction  of  testimony  out  of  regular  order.— The  court  may,  in  the  interest 
of  justice,  allow  evidence  to  be  introduced  out  of  the  regular  order  and  may,  for  satis- 
factory cause,  allow  the  prosecution  or  defense  to  introduce  evidence  at  any  time  before 
arriving  at  its  findings  thereon,  but  it  shall  not  thereafter  receive  any  new  evidence 
except  that  of  previous  convictions. 
******* 

(Should  the  accused  desire  that  his  enlistment  record  be  produced 
for  the  purpose  of  showing  his  previous  record,  good  conduct,  or 
other  facts,  he  may  call  the  legal  custodian  thereof  as  a  witness  for 
such  purpose.) 

The  defense  rested. 

The  rebuttal  began. 

Object  of  rebuttal.- During  the  rebuttal  evidence  may  be  introduced  by  the  prose- 
cution to  explain  or  repel  the  evidence  introduced  by  the  defense.  In  general,  anything 
may  be  given  as  rebutting  evidence  which  is  a  direct  reply  to  that  produced  by  the 
other  side.  The  judge-advocate  may  rebut  any  new  matter  by  evidence  in  rebuttal, 
may  impeach  the  testimony  of  witnesses  for  the  defense,  may  sustain  the  credibility 
of  his  own  witnesses,  etc. 

Evidence  In  rebuttal. — The  evidence  here  introduced  should,  in  general,  be  con- 
fined to  such  as  relates  to  evidence  introduced  by  the  defense. 

Impeaching  a  witness.— A  witness  may  be  impeached  (1)  by  disproving  the  facts 
testified  to  by  him;  (2)  by  proof  of  contradictory  statements  previously  made  by  him 
as  to  matters  relevant  to  his  testimony  and  to  the  case;  and  (3)  by  evidence  as  to  his 
general  bad  character. 

Procedure  before  contradictory  statements  can  be  proved.— Before  contradictory 
statements  of  a  witness  can  be  proved  against  him,  his  attention  must  be  called  with 
as  much  certainty  as  possible  to  the  time,  place,  attending  circumstances,  and  the  per- 
son to  whom  made.  If  the  previous  statement  was  in  writing,  it  should  be  shown  or 
read  to  him  unless  the  absence  of  the  writing  is  accounted  for. 

Foundation  for  impeachment.— To  lay  the  foundation,  the  witness  may  be  recalled 
at  any  time.  It  is  not  necessary  to  lay  the  foundation  when  the  previous  statement 
was  made  under  oath  and  recorded  before  an  official  lawfully  empowered  to  administer 
an  oath. 

Questions  to  Impeaching  witness.— The  impeaching  witness  may  be  asked  as  to 
his  knowledge  of  the  general  character  of  the  witness  whose  testimony  is  to  be  impeached; 
as  to  the  latter 's  general  character,  but  particular  transactions  or  opinions  can  not  be 
inquired  into  except  in  seeking  for  the  extent  and  fovmdation  of  the  witness'  knowledge; 
as  to  whether  he  would  believe  the  latter  under  oath;  and,  when  desired,  he  may  be  asked 
as  to  the  extent  and  foundation  of  his  knowledge.  These  questions  are  asked  only  when 
it  is  attempted  to  impeach  by  evidence  of  general  bad  character. 


38  PROCEEDINGS  OF  A   GENERAL  COURT-MARTIAL. 

Former  witness  sustained.— A  former  witness  may  be  sustained  by  proving  general 
bad  character  of  the  impeaching  witness.  If  impeached  by  proof  of  contradictory  state- 
ments, he  may  be  sustained  by  proof  of  general  good  character,  the  effect  of  the  evidence 
to  be  determined  by  the  court. 

Relationship  of  witness.— The  state  of  the  feelings  of  the  witness  and  his  relation- 
ship to  the  parties  may  always  be  proved  for  the  consideration  of  the  court. 

Exceptions  as  to  Impeachment  of  one's  own  witness.— A  party  may  not  impeach 
the  credibility  of  a  witness  whom  he  calls  except  (1)  when  the  witness  appears  to  be 
hostile  to  the  party  that  calls  him;  (2)  when  the  party  that  called  him  had  no  option, 
but  was  compelled  to  do  so;  and  (3)  when  the  party  that  called  him  is  unduly  surprised 
at  the  evidence  elicited. 

Answers  to  Irrelevant  or  collateral  matters.— The  answers  of  a  witness  to  irrele- 
vant or  collateral  matters  is  conclusive  against  the  party  asking  the  question,  who  will 
not  be  allowed  to  impeach  the  witness  as  to  such  answers.    (Greenleaf,  v.  1,  448.) 

The  rebuttal  ended. 
The  surrebuttal  began. 

H<  *  9i:  :ic  4:  :ic  :ic 

Object  of  surrebuttal.— The  defense  is  accorded  an  opportunity  in  the  surrebuttal 
to  overcome  matters  brought  out  in  the  rebuttal.  The  evidence  should,  in  general,  be 
confined  to  matters  brought  out  la  the  rebuttal,  i.  e.,  the  defense  here  endeavors  to 
sustain  its  original  evidence. 

The  surrebuttal  ended. 

The  court  adjourned  to  meet 


THIRD  DAY. 

Navy- Yard,  Philadelphia,  Pa., 

Wednesday,  June  23,  1909. 

The  court  met  at  —  a.  m. 

Present:  All  the  members,  the  judge-advocate,  the  stenographer, 
the  accused,  and  his  counsel. 

No  witnesses  were  present. 

The  record  of  proceedings  of  yesterday  (or  Saturday)  was  read  and 
approved. 

The  accused  submitted  his  written  defense,  and  the  court  was 
cleared  to  examine  it. 

Var.  1.  The  accused  requested  a  delay  until to  prepare  his 

written  statement  (argument).  The  request  was  granted,  and  the 
court  adjourned  to  meet at  —  o'clock  a.  m. 

Var.  2.  The  accused  did  not  desire  to  make  a  statement,  and  sub- 
mitted his  case  to  the  court. 

Var.  3.  The  accused  offered  in  bar  of  judgment  the  following  plea 
(same  as  under  plea  in  bar  of  trial). 

Var.  4.  The  court  desired  further  testimony  and  directed  the  recall 
of (or,  that be  called). 

Written  or  oral  defense.— The  accused  shall  be  at  liberty  to  make  his  defense  in 
writing,  or,  if  an  official  stenographer  be  present,  orally,  either  in  person  or  by  counsel. 
This  defense,  if  written,  he  shall  submit  to  the  court  for  inspection  before  it  is  publicly 
read,  and  if  it  contains  anything  improper  or  disrespectful  the  court  may  prevent  that 
part  from  being  read;  but  the  whole  shall  be  appended  to  the  record,  or  entered  as  a  part 
of  the  proceedings,  if  the  accused  desires  it,  and  he  shall  be  held  responsible  for  the  same. , 

Statement  may  be  withdrawn.— The  court  may  permit  a  written  statement,  or  argu- 
ment, to  be  withdrawn  in  whole  or  in  part  before  it  is  read  aloud. 

Omission  of  objectionable  matter.— Unless  the  accused  omits  the  words  which  the 
court  decides  must  not  be  read,  the  statement  shall  not  be  allowed  to  be  read,  but  it 
may,  nevertheless,  be  appended. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  39 

Statement  Is  personal  defense.— The  statement  of  the  accused  is  a  personal  defense 
or  declaration  and  can  not  be  legally  acted  upon  as  evidence  by  the  court,  nor  can  it 
be  a  vehicle  of  evidence  or  properly  embrace  documents  or  other  writings,  or  even 
averments  of  material  facts  which,  if  duly  introduced,  would  be  evidence;  and  if  such 
are  embraced  in  it  they  are  no  more  evidence  than  any  other  part.  (Winthrop,  v.  1, 
452.)  It  has  a  threefold  function:  First,  as  a  modification  of  the  plea,  which  must  be 
considered  by  the  court;  second,  as  a  summing  up  and  closing  argument  for  the  defense, 
which  may  be  considered  by  the  court;  and,  third,  as  a  plea  for  leniency,  which  may  not 
be  considered  by  the  court  except  in  recommending  the  accused  to  the  clemency  of  the 
revising  authority. 

Jadictal  cognizance  of  statement.— Any  averments  or  facts  embraced  in  the  state- 
ment may,  of  course,  be  proved  by  testimony,  but  unless  so  proved  it  is  not  within  the 
province  of  the  court  to  take  judicial  cognizance  of  them  in  determining  the  culpability 
or  innocence  of  the  accused.    It  is  irregular  and  improper  to  have  the  statement  sworn  to. 

Oral  ai^nraents.— When  a  stenographer  is  employed  both  the  accused  (counsel)  and 
the  judge-advocate  may  make  oral  arguments. 

When  opened,  etc.,  the  accused  was  informed  that  the  court  was 
ready  to  hear  his  written  defense,  which  was  read  by  him  (his  counsel) 

(judge-advocate),  and  appended,  marked  " ." 

Var.  1. was  ready  to  hear  the  argument  on  the  part  of  the 

defense. 

Var.  2.  When  opened,  all  parties  to  the  trial  entered,  and  the  presi- 
dent announced  that  omitting  the  words  '* ,"  the  accused 

might  read  his  written  defense.     (Here  give  reason  for  this  action.) 
The  accused  not  desiring  to  omit  the  said  words,  the  court  decided 
that  the  statement  should  not  be  read,  and  it  was  appended,  marked 

" ."     (Or,  the  accused  requested  permission  to  withdraw  his 

written  defense.) 

The  judge-advocate  submitted   the   case   to   the   court   without 
remark. 

Var.  1.  The  judge-advocate  read  his  reply,  appended,  marked 

*' ."     (Or,  made  the  following  argument.) 

Var.  2.  The  judge-advocate  requested  a  delay  until  to 

prepare  his  reply,  etc. 

When  arguments  must  be  written.— Unless  the  clerk  or  reporter  is  a  stenographer 
the  arguments  must  be  written  before  delivery. 
Closing  ai^ument.— The  judge-advocate  is  entitled  to  the  closmg  argument. 
Character  of  arguments.— A  very  considerable  freedom  is  allowed  in  the  closing  argu- 
ments. The  testimony  and  the  apparent,  or  supposed,  animus  of  the  witness;  the  con- 
duct motives,  and  especially  any  evidence  of  malice  on  the  part  of  those  responisble  for 
the  prosecution  may  be  sharply  criticised.    (Winthrop,  Abridg.,  117.) 

The  trial  was  finished. 

Evidence  may  be  introduced  before  finding.— The  court  may,  in  the  interest  of 
justice,  allow  evidence  to  be  introduced  out  of  the  regular  order  and  may,  for  satisfactory 
cause,  allow  the  prosecution  or  the  defense  to  introduce  evidence  at  any  time  before 
arriving  at  its  findings  thereon,  but  it  shall  not  thereafter  receive  any  new  evidence 
except  evidence  of  previous  convictions. 

The  judge-advocate  stated  that  he  had  evidence  of  previous  con- 
victions. 

Var.  that  he  had  no  evidence  of  previous  convictions. 

Judge-advocate  to  inform  court  as  to  previous  convictions.— The  judge-advocate, 
if  he  has  evidence  of  previous  convictions,  shall  so  inform  the  court  and  direct  its  atten- 
tion to  the  article  in  the  Navy  Regulations  relating  thereto.  If  there  be  no  such  evidence, 
the  judge-advocate  need  not  request  that  the  court  be  opened  for  the  purpose  of  having 
said  fact  made  a  matter  of  record,  as  it  is  suflacient  if  the  record  shows  that  there  was  no 
evidence  of  that  nature,  in  order  that  the  convening  authority  may  note  that  this  part 
of  th6  proceedings  was  not  inadvertently  overlooked. 


40  PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL. 

The  court  was  cleared. 

Court  examines  evidence.— When  the  court  has  sufficiently  examined  the  evidence, 
the  president  of  the  court  shall  put  the  question  upon  each  specification  of  each  charge, 
beginning  with  the  first,  whether  the  specification  is  ''proved,"  "not  proved,"  or  "proved 
in  part." 

Manner  of  voting.— Each  member  shall  write  "proved,"  "not  proved,"  or  "proved 
in  part,"  and  if  "in  part,"  what  part,  over  his  signature,  and  shall  hand  his  vote  to  the 
president  of  the  court,  who,  when  he  has  received  all  the  votes  upon  such  specification, 
shall  read  them  aloud,  being  careful  not  to  disclose  whose  vote  he  is  reading. 

No  minute  of  votes.— No  written  minute  of  the  votes  shall  be  preserved,  unless  so 
ordered  by  the  vmanimous  vote  of  the  court. 

Agreement  must  be  reached.— The  court  shall  deliberate  and  consider  until  a  majority 
agrees  upon  a  finding,  which  shall  then  be  recorded. 

When  accused  pleads  guilty.— When  the  accused  has  pleaded  guilty,  the  proper 
finding  is,  for  the  specification,  "proved  by  plea,"  and  for  the  charge,  simply  "guilty." 

Voting  upon  charge.— When  the  members  have  voted  upon  all  the  specifications  of 
any  charge,  the  question  shall  be  put  upon  the  charge  to  each  member:  "Is  the  accused 
guilty  of  this  charge,  guilty  in  a  less  degree  than  charged,  or  not  guilty?  "  The  members, 
as  before,  shall  write  "guilty,"  "not  guilty,"  or  "guilty  in  a  less  degree  than  charged," 
and  in  what  degree,  over  their  signatures,  and  hand  their  votes  to  the  president,  who 
shall,  after  receiving  all  the  votes,  read  them  aloud,  and  should  there  be  a  decision  by  the 
majority,  shall  record  the  result.  If  otherwise,  the  process  shall  be  repeated  until  a 
decision  is  arrived  at. 

All  chaises  must  be  voted  on.— The  president  in  coUectingthe  votes  must  bear  in  mind 
that  the  court  is  bound  to  exhaust  the  whole  of  the  charges  that  come  before  it  by  ex- 
pressly acquitting  or  convicting  the  accused  of  each  allegation  contained  in  the  specifica- 
tion. 

The  judge-advocate  was  recalled  and  directed  to  record  the  fol- 
lowing findings : 

The  specification  of  the  first  charge,  '^Proved"  C^Not  proved"). 

And  that  the  accused,  Lieut.  X Y.  Z ,  U.  S.  Navy,  is 

of  the  first  charge,  '^Guilty"  C'Not  guilty")- 

The  first  specification  of  the  second  charge,    ''Proved"    (''Not 

proved")    ("Proved    in    part — proved    except    the    words    ' 

,'  which  words  are  not  proved"). 

The  second  specification  of  the  second  charge,  "Proved"  ("Not 

proved")  ("Proved  in  part — proved  except  the  words, ' ,' 

which  words  are  not  proved,  and  for  which  the  court  substitutes  the 
words,  ' ,'  which  words  are  proved"). 

And  that  the  accused,  Lieut.  X Y.  Z ,  U.  S.  Navy, 

is  of  the  second  charge,  "Guilty"  ("Not  guilty")  ("Guilty  in  a  less 
degree  than  charged,  guilty  of "). 

The  specification  of  the  third  charge,  "Not  proved"  ("Proved") 
("Proved  in  part,"  etc.). 

And  that  the  accused,  Lieut.  X Y.  Z ,  U.  S.  Navy,  is 

of  the  third  charge,  "Not  guilty;"  and  the  court  does,  therefore, 
acquit  (fully  acquit)  (most  fully  acquit)  (honorably  acquit)  (most 
honorably  acquit)  (most  fully  and  honorably  acquit)  the  said  Lieut. 
X Y.  Z- ,  U.  S.  Navy,  of  the  third  charge. 

Writing  the  finding.— The  finding  must  be  free  from  interlineations  or  erasures, 
and  must  be  entered  on  the  record  in  the  handwriting  of  the  judge-advocate. 

When  finding  Is  "  Not  guilty.  "—In  case  the  finding  is  "  Not  guilty"  upon  any  charge, 
the  explicit  statement  should  immediately  follow  that  the  court  acquits  the  accused  ol 
such  charge. 


PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL.  '    41 

Finding  and  sentence  of  persons  tried  In  joinder.— When  two  or  more  persons  are 
tried  in  joinder  the  finding  and  sentence  (or  acquittal)  in  the  case  of  each  person  arraigned 
and  tried  should  be  separately  recorded. 

The  court  was  opened  and  all  parties  to  the  trial  entered.  The 
president  announced  that  the  court  was  ready  to  receive  evidence  of 
previous  convictions. 

Wlien  no  evidence  of  prevloas  convictions. — When  there  is  no  evidence  of  previous 
convictions  all  references  to  the  introduction  of  such  evidence  should  be  omitted. 

To  what  such  evidence  must  relate.— Evidence  of  previous  convictions  must  relate 
to  the  current  enlistment  of  the  accused,  and  must  refer  to  actual  trials  and  convictions 
that  have  been  approved  by  the  authorities  whose  action  is  requisite  to  give  full  effect 
to  the  sentence,  except  in  cases  where  the  accused  has  been  previously  discharged  from 
the  service  through  sentence  of  a  court-martial,  and  in  cases  upon  which  action  has  been 
withheld  and  the  accused  placed  on  probation. 

General  court-martial  orders.— When  properly  certified  to  by  the  Judge-Advocate- 
General  of  the  Navy,  who  is  the  legal  custodian  of  the  original,  as  a  true  copy,  the  printed 
general  court-martial  order  is  'prima  facie  evidence  of  its  contents. 

How  such  evidence  introduced.— Evidence  of  previous  convictions,  if  objected  to 
by  the  accused,  should  be  introduced  in  the  same  manner  and  is  subject  to  the  same 
rules  as  other  evidence;  it  is  usually  documentary,  and  is  generally  forwarded  by  the 
convening  authority  to  the  judge-advocate  with  the  other  papers  in  the  case;  if  not 
objected  to  it  may  be  introduced  as  follows: 

There  being  no  objection,  the  judge-advocate  read  from  the 
(current)  enlistment  record  of  (the  accused),  an  extract  showing 
previous  conviction,  copy  appended,  marked  " ." 

Extract  to  be  read.- The  extract  should  include  the  offense  committed,  the  fact  and 
nature  of  trial,  conviction,  sentence,  and  approval  by  the  proper  authorities. 

Var.  There  being  no  objection,  the  judge-advocate  presented  to 

the  court  general  court-martial  order  No.  —  dated ,  1907,  in  the 

case  of  the  accused. 

The  court  was  cleared. 

Punishment  to  be  adjudged.— It  is  made  by  law  the  duty  of  courts-martial,  in  all 
cases  of  conviction,  to  adjudge  a  punishment  adequate  to  the  nature  and  degree  of  the 
offense  committed. 

Each  member  to  vote. — When  the  coiu^t  has  been  closed,  each  member  shall  write 
down  and  subscribe  the  measure  of  punishment  which  he  may  think  the  accused  ought 
to  receive,  and  hand  his  vote  to  the  president,  who  shall,  after  having  received  all  the 
votes,  read  them  aloud. 

If  agreement  not  reached.— If  the  requisite  number  shall  not  have  agreed  upon  the 
nature  and  degree  of  the  ptmishment  to  be  inflicted,  the  president  shall  proceed  in  the 
following  manner  to  obtain  a  decision: 

Begin  with  mildest  punishment.— He  shall  begin  with  the  mildest  punishment 
that  has  been  proposed,  and  after  reading  it  aloud  shall  ask  the  members  successively, 
beginning  with  the  junior  in  rank:  "Shall  this  be  the  sentence  of  the  court?"  And 
every  member  shall  vote,  and  the  president  shall  note  the  votes. 

Vote  on  other  punishments.— Should  there  be  no  decision,  the  president  shaU,  in 
the  same  manner  as  before,  obtain  a  vote  on  the  next  lowest  punishment,  and  shall  so 
continue  until  some  sentence,  either  of  the  first  or  of  a  subsequently  proposed  set,  shall 
have  been  decided  on. 

Majority  rules  except  in  certain  cases,  etc.— Except  in  the  case  noted  in  article  50, 
Articles  for  the  Government  of  the  Navy,  the  opinion  of  the  majority  is  the  opinion  ol 
the  court,  and  the  minority  is  bound  thereby;  but  as  the  oath  taken  by  every  member 
provides  for  the  concealment  of  the  vote  or  opinion  of  each  particular  member,  care  shall 
be  taken  that  it  does  not  appear  on  the  record  either  that  the  votes  of  the  members  in 
regard  to  the  finding  or  sentence  were  unanimous,  or  what  number  of  them  voted  for 
any  particular  finding  or  sentence,  with  the  exception  already  noted;  and  in  that  case 
the  record  must  explicitly  show  the  concurrence  of  two-thirds  of  the  members  present. 


42  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

Conrts-martlal  must  not  adjudge  nominal  punishments.— The  law  does  not  vest  in 
courts-martial  the  pardoning  power,  nor  the  right  to  adjudge  nominal  punishments 
equivalent  to  a  pardon;  such  powers  are  elsewhere  reposed,  and  the  exercise  thereof  by  a 
court-martial  is  therefore  illegal. 

The  judge-advocate  was  recalled  and  recorded  the  sentence  of 
the   court  as  follows:  The  court,   therefore,   sentences  him,  Lieut. 

X Y.  Z ,  U.  S.  Navy,  to  be  dismissed  from  the  United 

States  naval  service. 

A B.  C , 

Captain,  V.  S.  Navy,  President. 

D E.  F , 

Commander,  TJ.  S.  Navy,  Member. 

G H.  I — , 

Captain,  TJ.  S.  Marine  Corps,  Member. 

J K.  L , 

Lieutenant,  TJ.  S.  Navy,  Member. 

M N.  O , 

Lieutenant,  TJ.  S.  Navy,  Member. 

P Q.  R , 

First  Lieutenant,  TJ.  S.  Marine  Corps,  Member. 

S T.  U , 

Lieutenant  (j.  g.),  TJ.  S.  Navy,  Member. 

V V.  w , 

First  Lieutenant,  TJ.  S.  Marine  Corps,  Judge-Advocate. 

Var.  1.  to  be  shot  to  death  by  musketry  (hanged  by  the 

neck  until  dead),  two-thirds  of  the  members  concurring. 

Var.  2.  to  be  dismissed  from  the  United  States  naval  serv- 
ice and  to  be  imprisoned  in  such  prison  or  penitentiary  as  the  Secre- 
tary of  the  Navy  may  designate  for  a  period  of  two  (2)  years. 

Var.  3. to  be  suspended  from  duty  for  a  period  of  one  (1) 

year  on  one-half  of  shore-duty  pay,  and  to  lose  five  (5)  numbers  in  his 
grade. 

Var.  4.  to  be  suspended  from  duty  for  eight  (8)  months, 

and  to  lose  ten  (10)  numbers  in  his  grade. 

Var.  5.  to  lose  fifty  (50)  numbers  in  his  grade  and  to  be 

publicly  reprimanded  by  the  Secretary  of  the  Navy. 

Var.  6.  to  be  dismissed  from  the  United  States  Marine 

Corps  and  from  the  United  States  naval  service. 

Var.  7.  to  be  confined  in  such  place  as  the  convening 

authority  may  designate  for  a  period  of ;  to  perform  hard 

labor  during  said  confinement  and,  after  his  accrued  pay  shall  have 
discharged  his  indebtedness  to  the  United  States  at  the  date  of 
approval  of  this  sentence,  to  forfeit  all  pay  that  may  become  due 

him  during  said  confinement  except  the  sum  of dollars  ($ — ) 

per  month  for 'necessary  prison  expenses. 

Var.  8.  to  be  confined  in  such  place  as  the  convening 

authority  may  designate  for  a  period  of ;  then  to  be  dishonor- 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  43 

ably  discharged  from  the  United  States  Navy  (Marine  Corps);  to 

perform  hard  labor  during  said  confinement,  and  after  his  accrued 

pay  (and  allowances)  shall  have  discharged  his  indebtedness  to  the 

United  States  at  the  date  of  approval  of  this  sentence,  to  forfeit  all    |[    UNIVERSITY 

pay  (and  allowances)  that  may  become  due  him  except  the  sum  of      .^^  ^  . 

dollars  ($ — )  per  month  during  said  confinement  for  neces-       ^^«s5=yX£^^ss5^ 

sary  prison  expenses,  and  a  further  sum  of dollars  ($ — )  to  be 

paid  him  when  discharged  from  the  service  pursuant  to  this  sentence. 

Judge-advocate  to  be  recalled  to  record  the  sentence.— When  a  sentence  has  been 
determined  upon,  the  judge-advocate  shall  be  called  before  the  court  and,  under  its 
direction,  shall  draw  up  the  sentence,  specifying  the  exact  nature  and  degree  of  punish- 
ment adjudged  and,  after  approval  by  the  court,  shall  enter  the  same  upon  the  record. 

Manner  of  recording  sentence. — The  sentence  must  be  recorded  by  the  judge-advo- 
cate's own  hand  and  must  be  free  from  erasures  and  interlineations.  Numbers  in  the 
sentence  should  be  expressed  both  by  words  and  figures. 

Authentication  of  sentence. — The  sentence  having  been  recorded,  the  proceedings 
in  each  separate  case  tried  by  the  same  court  are  required  by  law  to  be  signed  by  all  the 
members  present  when  judgment  is  pronounced,  and  also  by  the  judge-advocate. 

Statutory  penalty.— In  all  cases  where  a  penalty  has  been  designated  by  statute  for  a 
particular  offense,  none  other  than  that  particular  penalty  may  be  imposed,  and  the 
court  must  pronounce  the  sentence  which  the  law  requires  whenever  the  fact  is  proved. 

Limitations  of  sentences.— In  considering  sentences  to  be  imposed,  and  especially 
those  involving  death,  imprisonment  for  life,  and  others  not  provided  for  by  special 
penalty,  the  requirements  of  the  Articles  for  the  Government  of  the  Navy  and  the  limi- 
tations duly  prescribed  for  punishments  in  time  of  peace,  as  appended  to  those  articles, 
shall  be  carefully  scrutinized  and  followed .  Sentences  must  be  neither  cruel  nor  unusual , 
and  must  be  in  accordance  with  the  common  law  of  the  land  and  customs  of  war  in 
like  cases. 

Sentences  to  suspension.— Sentences  which  include  forfeiture  of  pay  shall,  in  the 
case  of  officers,  state  the  rate  of  pay  and  time  of  such  forfeiture.  Those  including  sus- 
pension must  state  distinctly  whether  from  rank  or  from  duty  only. 

Loss  of  numbers.— When  an  oflficer's  position  on  the  navy  register  will  not  permit 
of  his  being  reduced  in  accordance  with  the  prescribed  limitations  of  punishments,  the 
covut  shall  place  him  at  the  foot  of  the  list,  with  the  proviso  that  he  is  to  remain  there 
until  he  has  lost  the  required  numbers. 

Reduction  in  rating.— In  all  cases  in  which  the  sentence  imposed  on  a  petty  officer 
involves  confinement,  it  should  include  reduction  to  one  of  the  ratings  below  petty 
officer  in  the  branch  to  which  he  belongs,  and  in  the  case  of  a  noncommissioned  officer 
of  the  Marine  Corps  to  private. 

Hard  labor.— Sentences  of  general  courts-martial  including  confinement  shall  contam 
a  provision  requiring  that  the  person  sentenced,  if  an  enlisted  man,  shall  perform  hard 
labor.  In  all  cases  where  the  confinement  is  to  be  in  a  prison  or  penitentiary,  hard  labor 
shaU  be  included  as  a  part  of  the  sentence. 

Forfeiture  of  pay  due.— It  is  competent  for  a  court-martial  to  decree  forfeitiu-e  of  all 
pay,  except  that  on  deposit,  which  is  due  or  which  may  become  due  to  an  offender. 

Desertion.— In  all  cases  of  desertion  the  sentence  shall  include  dishonorable  discharge 
and  forfeiture  of  pay  (and  allowances).  Regular  allowances,  such  as  marine  clothing, 
continue  unless  stopped  in  direct  terms  by  the  sentence.  Pay  on  deposit  is,  by  law, 
forfeited  by  desertion. 

Marines. — Marines  sentenced  to  dishonorable  discharge  should  also  be  sentenced  to 
forfeiture  of  all  pay  and  allowances  that  may  become  due  dm-ing  confinement  with  the 
exceptions  noted  in  variation  8  above.  Those  not  sentenced  to  dishonorable  discharge 
should  be  sentenced  to  forfeiture  of  pay  only  during  confinement. 

Loss  of  allowances.- Loss  of  allowances  should  not  be  included  in  sentences  (var.  8) 
adjudged  in  cases  of  enlisted  men  of  the  Navy. 

Sentence  distinct.— A  sentence  of  imprisonment  must  express  distinctly  for  what 
period  the  same  shall  continue. 

Bread  and  water.— Whenever  a  general  court-martial  imposes  a  sentence  of  solitary 
confinement  on  bread  and  water,  the  provisions  of  the  Navy  Regulations  relating 
thereto  shall  be  observed. 

Summary  court  punishments.— General  courts-martial  are  empowered  by  statute 
to  inflict  any  of  the  punishments  authorized  for  summary  courts-martial. 


44  PROCEEDINGS   OF  A   GENERAL   COURT-MARTIAL. 

In   consideration  of   (here  state  reason),  we  recommend   Lieut. 

X Y.  Z ,  U.  S.  Navy,  to  the  clemency  of  the  revising 

power. 


B.  C 


Captain,  U.  S.  Navy,  President. 

G H.  I , 

Captain,  U.  S.  Marine  Corps,  Member. 

S T.  U , 

Lieutenant  (j.  g.),  U.  S.  Navy,  Member. 

Clemency.— If  mitigating  circumstances  have  appeared  during  the  trial  which  could 
not  be  taken  into  consideration  in  determining  the  degree  of  guilt  found  by  the  verdict, 
the  court  may  avail  itself  of  such  circumstances  as  adequate  grounds  for  recommending 
the  prisoner  to  clemency. 

Recommendation.— This  recommendation  is  not  to  be  inserted  in  the  body  of  the 
sentence,  but  recorded,  with  the  reason  therefor,  immediately  after  the  signatures  of 
the  court  and  judge-advocate  to  the  sentence,  and  must  be  signed  by  the  members  con- 
curring in  it,  but  not  by  the  judge-advocate. 

Different  reasons.— If  the  members  do  not  agree  as  to  the  reasons,  different  recom- 
mendations may  be  entered,  the  members  acting  independently  of  each  other. 

The  court  was  opened  and  proceeded  with  the  trial  of . 

A B.  C , 


Captain,  U.  S.  Navy,  President. 

V V.  w , 

First  Lieutenant,  U.  S.  Marine  Corps,  Judge-Advocate. 

Var.  1.  The  court  adjourned  to  meet  to-morrow, (on  Mon- 
day next)  at  —  o'clock,  a.  m.     (Signed  as  above.) 

Var.  2.  The  court,  having  no  more  cases  before  it,  adjourned  to 
await  the  action  of  the  revising  authority.     (Signed  as  above.) 

Var.  3.  The  court  adjourned  to  await  the  call  of  the  president. 
(Signed  as  above.) 

Presence  of  accused  during  subsequent  reading  of  record.— If  the  court  adjourns 
after  arriving  at  a  finding  and  sentence  (or  acquittal),  but  before  completing  the  case, 
the  record  of  proceedings  of  the  succeeding  day  should  distinctly  show  that  the  accused 
was  present  during  the  reading  of  so  much  thereof  as  referred  to  the  proceedings  in 
open  court,  that  he  then  withdrew,  and  that  the  court  was  then  cleared,  the  judge- 
advocate  remaining,  whereupon  that  part  of  the  record  which  pertained  to  the  proceed- 
ings in  closed  court  was  read. 

Disposition  of  precept.— When  the  court  is  dissolved,  the  original  precept  shall  be 
forwarded  to  the  convening  authority,  and  shall  in  all  cases  be  filed  in  the  Navy  Depart- 
ment. 


Case  of 

Lieut.  X Y.  Z ,  U.  S.  Navy, 

July  — ,  1909, 


RECORD  OF  PROCEEDINGS  IN  REVISION 

OP   A 

General  Court-Martial 

CONVENED   AT 

THE  NAVY-YARD,  PHILADELPHIA,  PA., 

BY   ORDER   OP 

THE  SECRETARY  OF  THE  NAVY. 
(Variations  same  as  in  original.) 


Record  in  revision.— The  proceedings  in  revision  must  form  a  separate  and  complete 
record,  which  should  be  prefixed  to  the  record  of  which  it  is  a  revision. 

Copy  furnished. 

Var.  Copy  waived. 

Copy  for  accused.— The  accused  is  entitled  to  an  exemplified  copy  of  the  record  in 
revision  to  the  same  extent  as  he  is  to  a  copy  of  the  original  proceedings.  (See  notes 
following  form  of  receipt  or  waiver,  page  71.) 

45 


RECORD 

OP 

Proceedings  in  Revision  of  a  General  Court-Martial. 


FORMS    OF   LETTERS    RETURNING   RECORD    TO    COURT 

FOR  REVISION. 

♦  Navy  Department, 

Washington,  July  2,  1909. 
Sir:  The  record  of  proceedings  of  the  general  court-martial  of  which  you  are 

president  in  the  case  of ,  fireman  second  class,  U.  S.  Navy,  is  herewith  returned 

to  the  court. 

The  Department,  after  careful  consideration,  is  unable  to  concur  in  the  finding  of 
the  court  upon  the  charge  and  specification. 

The  accused,  by  his  plea  of  not  guilty,  threw  upon  the  prosecution  the  burden 
of  proving  not  only  his  absence  from  his  ship  and  the  naval  service,  but  also  hie 
intention  permanently  to  abandon  the  latter.  In  this  connection  the  attention  of 
the  court  is  called  to  articles  —  and  — ,  Navy  Regulations. 

It  is  not  clear,  from  such  evidence  as  was  adduced,  that  a  reasonable  inference 
may  properly  be  drawn  that  the  accused  intended  permanently  to  abandon  his 
contract  of  enlistment. 

The  court  will  reconvene  for  the  purpose  of  reconsidering  the  finding  and  sentence. 

The  further  proceedings  of  the  court  will  be  conducted  in  accordance  with  the 

provisions  of  articles  —  and  — ,  Navy  Regulations,  and  upon  the  conclusion  of  such 

proceedings  the  record  will  be  returned  to  the  Judge-Advocate-General  of  the  Navy. 

Very  respectfully, 

C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

President  General  Court-Martial, 
Navy-Yard,  Mare  Island,  Cal. 


V.  s.  s. 


Off ,  Julys,  1909. 

Sir:  The  record  of  proceedings  of  the  general  court-martial  of  which  you  are 

president  in  the  case  of ,  coal  passer,  U.  S.  Navy,  is  herewith  returned 

to  the  court. 

The  convening  authority,  after  careful  consideration,  does  not  consider  that  the  find- 
ing is  in  accord  with  the  evidence  which  was  brought  before  the  court,  in  that  the 
accused  did,  by  his  plea,  admit  his  absence  from  the  naval  service  between  the  dates 
specified,  a  period  of  one  year  and  two  months,  and  failed  to  bring  any  evidence  to 
show  that  it  was  impossible  to  return  to  his  duty  or  that  he  had  endeavored  in  any 
way  to  communicate  with  the  naval  authorities. 

The  prosecution  brought  evidence  to  show  that  the  accused  was  in  civilian  clothes 
when  he  surrendered  on  board  the  U.  S.  S. .  The  accused  made  no  explana- 
tion whatever  of  his  prolonged  absence  from  his  station  and  duty,  and  this  fact 

47 


48  *  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

under  section  1053,  Digest  of  Opinions  of  Judge-Advocates-General,  U.  S.  Army, 
(McClure),  page  300,  lines  6,  7,  and  8,  furnishes  a  presumption  of  the  intent  necessary 
to  prove  desertion,  as  does  also  the  fact  that  the  accused  had  sometime  during  his 
long  absence,  to  which  he  pleaded  guilty,  disposed  of  his  uniform,  and  was  obliged 
to  surrender  himself,  when  he  did  surrender,  dressed  in  civilian  clothes. 

The  court  will  reconvene  for  the  purpose  of  reconsidering  the  finding  and  sentence. 
The  further  proceedings  of  the  court  will  be  conducted  in  accordance  with  the 
provisions  of  articles  —  and  — ,  Navy  Regulations,  and  iipon  the  conclusion  of  such 
proceedings  the  record  will  be  returned  to  the  convening  authority. 
Very  respectfully, 

L M.  N , 

Rear- Admiral,  U.  S.  Navy,  Commander-in-Chief,  U.  S.  Atlantic  Fleet. 

Capt.  A- B.  C ,  U.  S.  Navy, 

President  General  Court- Martial, 

u.  s.  s. . 


Navy  Department, 

Washington,  July  2,  1909. 

Sir:  The  record  of  proceedings  of  the  general  court-martial  of  which  you  are 
president  in  the  case  of ,  seaman,  U.  S.  Navy,  is  herewith  returned. 

The  Department,  after  careful  consideration,  is  unable  to  concur  in  the  findings  of 
the  court  upon  the  charges  and  specifications. 

It  appears  from  the  record  that  the  accused  pleaded  guilty  to  the  first  charge  and 
specification,  that  evidence  was  adduced  substantiating  the  allegations  of  the  specifi- 
cation, that  the  accused,  at  his  own  request,  took  the  stand  in  his  own  defense  and  cor- 
roborated every  allegation  contained  in  the  specification,  and  further  showed  that  he 
was  on  duty  in  charge  of  a  draft,  that  he  turned  over  official  papers  intrusted  to 
him  to  a  person  not  authorized  to  receive  them,  that  by  his  own  act  of  leaving  his 
duty  and  drinking  with  strangers  he  failed  to  proceed  as  ordered,  that  he  came  to  his 

senses  in  twenty-six  hours,  that  he  made  no  effort  to  return  to  the  U.  S.  S. ,  or 

to  proceed  as  ordered  until  December  16,  19 — .  It  also  appears  that  the  court,  after 
hearing  the  above  and  more  to  the  discredit  of  the  accused,  advised  him  to  withdraw 
his  plea  of  guilty  to  the  first  charge  as  inconsistent  with  his  sworn  testimony,  and 
after  mature  consideration  found  the  specification  of  the  first  charge  proved  and  the 
accused  of  the  first  charge  not  guilty. 

It  is  impossible  for  the  Department  to  understand  how  the  court  could  have  arrived 
at  such  a  conclusion  as  to  the  guilt  of  the  accused.  (See  Digest  Opinions  Judge-Advo- 
cates-General of  the  Army,  sec.  1353.) 

The  specification  of  the  first  charge  being  proved,  and  it  being  shown  by  the  testi- 
mony of  the  accused  that  he  made  no  attempt  to  communicate  with  the  naval  authori- 
ties, but  remained  absent  from  his  station  and  duty  until  December  — ,  19 — ,  it  follows 

that  he  deliberately  and  wilfully  remained  absent  from  the  U.  S.  S. until  after 

she  had  sailed,  and  was  therefore  guilty  of  the  second  charge. 

The  court  will  reconvene  for  the  purpose  of  reconsidering  the  findings  and  sentence. 
The  further  proceedings  of  the  court  will  be  conducted  in  accordance  with  the  pro- 
visions of  articles  —  and  — ,  Navy  Regulations,  and  upon  the  conclusion  of  such 
proceedings  the  record  will  be  returned  to  the  Judge- Advocate-General  of  the  Navy. 
Very  respectfully, 

C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

President  General  Court- Martial, 
Navy-  Yard,  Boston,  Mass, 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  49 

Navy  Department, 

Washington,  July  2,  1909. 
Sir:  The  record  of  proceedings  of  the  general  court-martial  of  which  you  are  presi- 
dent is  herewith  returned  to  the  court  for  reconsideration  of  the  finding  and  sentence 

in  the  case  of ,  coal  passer,  U.  S.  Navy. 

The  court  has  found  the  accused  guilty  of  desertion,  and  in  this  connection  the 

attention  of  the  court  is  called  to  article ,  Navy  Regulations,  which  provides  as 

follows: 

In  order  to  establish  the  commission  of  the  specific  offense  of  desertion,  both  the 
fact  of  unauthorized  absence  and  the  intent  permanently  to  abandon  the  service  or, 
at  least,  to  terminate  the  pending  contract  of  enlistment,  must  be  proved. 

From  an  examination  of  the  record  of  proceedings  of  the  court  in  this  case  it  appears 
that  while  the  unauthorized  absence  of  the  accused  is  established,  there  is  no  evidence 
of  his  intention  permanently  to  abandon  the  service,  which  intention  must  be  shown 
in  order  to  support  the  charge  of  desertion.  (See  Digest  Opinions  Judge- Advocates- 
General  of  the  Army,  sees.  1053,  1054,  and  1057.) 

It  is  presumed  that  the  judge-advocate  introduced  all  the  evidence  which  was 
available  in  order  to  establish  the  intent  of  the  accused  permanently  to  abandon  the 
service.  The  fact  of  his  having  left  the  ship  without  permission,  the  duration  of  his 
absence,  and  his  reporting  in  civilian's  clothes  furnish  presumptive  evidence  of  such 
intent,  but  this  presumptive  evidence  is  negatived  by  the  testimony  of  the  accused  in 
which  he  denies  that  he  at  any  time  intended  to  desert,  by  the  fact  that  he  placed 
himself  in  communication  with  the  Bureau  of  Navigation,  and  that  he  voluntarily 
delivered  himself  up. 

From  a  careful  consideration  of  the  entire  evidence  in  the  case  as  outlined  above, 
the  Department  is  of  opiuion  that  the  intention  of permanently  to  aban- 
don the  service  has  not  been  shown  beyond  a  reasonable  doubt,  and  that,  therefore, 
the  benefit  of  such  doubt  should  be  given  to  him. 

The  attention  of  the  court  is  also  called  to  the  fact  that  the  offense  of  desertion 
includes  the  lesser  offense  of  absence  without  leave;  and  if  such  absence  is  established 
to  the  satisfaction  of  the  court,  and  it  concurs  in  the  views  of  the  Department  that  there 
is  not  suflQcient  proof  of  the  necessary  intent,  it  is  the  duty  of  the  court  to  find  proved 
so  much  of  the  specification  as  supports  the  charge  of  absence  without  leave,  and  that 
the  accused  is  of  the  charge  guilty  in  a  less  degree  than  charged,  guilty  of  absence  with- 
out leave,  and  then  to  adjudge  a  sentence  adequate  to  the  offense. 

The  further  proceedings  of  the  court  will  be  conducted  in  accordance  with  the 
provisions  of  articles  —  and  — ,  Navy  Regulations,  and  upon  the  conclusion  of  such 
proceedings  the  record  will  be  returned  to  the  Judge- Advocate-General  of  the  Navy. 
Very  respectfully, 

C F.  L , 

Secretmy  of  the  Navy. 

Capt.  A —  B.  C , 

President  General  Court- Martial, 

Navy-  Yard,  Puget  Sound,  Wash. 


Navy  Department, 

Washington,  July  2,  1909. 
Sir:  The  record  of  proceedings  of  the  general  court-martial  of  which  you  are 

president,  in  the  case  of  Lieut.  X Y.  Z ,  U.  S.  Navy,  is  retm-ned  herewith. 

From  an  examination  of  the  record  it  appears  that  the  court  has  sentenced  Lieutenant 

Z **to  be  restricted  to  the  limits  of  the  naval  station, ,  for  a  period 

8483— 1( 


50  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

of  six  (6)  months,  and  to  be  publicly  reprimanded  by  the  Secretary  of  the  Navy." 
WTiile  this  sentence  appears  to  be  otherwise  appropriate,  it  is  deemed  objectionable  in 

that  it  designates  the  precise  place  to  which  Lieutenant  Z is  to  be  restricted. 

The  court  will  perceive  that  if  this  sentence  be  approved  as  it  now  stands,  and  exi- 
gencies of  the  service  should  hereafter  require  that  this  officer  be  ordered  to  duty  at 

any  other  station  than ,  or  on  board  any  naval  vessel,  the  sentence  would 

interfere  with  the  interests  of  the  service.     It  is  considered,  therefore,  that  the  place 
of  restriction  should  be  left  to  the  discretion  of  the  Secretary  of  the  Navy. 
The  court  will  reconvene,  etc. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

President  General  Court- Martial, 
Navy-  Yard,  Philadelphia,  Pa. 


Navy- Yard,  Philadelphia,  Pa., 

Wednesday,  June  — ,  19 — . 
The  court  reconvened  at  10  a.  m.,  pursuant  to  an  order  hereto 
prefixed,  marked  ^M,"  which  was  read  by  the  judge-advocate. 
Present:  (Here  insert  the  names.) 

No  new  testimony.— When  a  court  is  ordered  to  revise  its  proceedings  new  testimony 
shall  not  be  brought  forward  in  any  shape. 

Confined  to  record.— The  revision  shall  be  strictly  confined  to  a  reconsideration  of 
the  matter  already  recorded  in  the  proceedings,  no  part  of  which  shall  be  amended, 
altered,  or  annulled  in  any  way. 

Record  of  revision.— During  the  revision  an  entirely  separate  record  shall  be  kept, 
to  which  the  order  for  reassembling  must  be  prefixed.  A  full  entry  shall  be  made  of  all 
the  proceedings,  verified  in  the  ordinary  manner  by  the  signatures  of  all  the  members 
of  the  court  and  the  judge-advocate,  and  transmitted,  as  before,  to  the  reviewing  officer 
for  his  action. 

Judge-advocate  excluded.— The  judge-advocate  shall  be  excluded  from  the  court 
room  during  a  revision  of  the  finding  and  sentence  of  the  court. 

Presence  of  accused.— It  is  not  in  general  necessary  or  desirable  that  the  accused  be 
present  at  a  revision.  Where,  however,  any  possible  injustice  may  result  from  his 
absence,  he  should  be  required  or  permitted  to  be  present,  and  with  counsel,  if  preferred. 
Thus,  where  the  defect  to  be  corrected  consists  in  an  omission  properly  to  set  forth  a 
special  plea  made  or  objection  taken  by  the  accused,  it  may  be  desirable  that  he  should 
be  present  in  order  that  he  may  be  heard  as  to  the  proper  form  of  the  proposed  correc- 
tion. Where  the  error  is  clerical  merely,  or,  though  relating  to  a  material  particular, 
consists  in  the  omission  of  a  formal  statement  only,  the  presence  of  the  accused  is  not, 
in  general,  called  for. 

Clerical  errors.— Clerical  errors  are  not  to  be  corrected  in  an  informal  manner  by 
erasure  or  interlineation. 

Absent:  (Here  insert  the  names,  with  reason  for  absence  in  each 

case.) 

Quorum  present.— A  correction  can  be  made  only  by  a  legal  court.  At  least  five, 
therefore,  of  the  members  who  acted  upon  the  trial  must  be  present.  That  there  are 
fewer  members  at  the  reassembling  than  at  the  trial  is  immaterial,  provided  there  are 
five.  The  judge-advocate  should  be  present.  (Dig.  Opins.  J.  A.  G.  Army,  2251.) 
The  judge-advocate  who  acts  during  a  revision  need  not  necessarily  be  the  same  one 
who  acted  during  the  trial  of  the  case. 

The  court  was  cleared. 

The  judge-advocate  was  recalled  and  directed  to  record  that  the 
court  decided  to  revoke  its  former  (finding)  sentence  in  the  case  of 


PROCEEDINGS   OF   A  GENERAL  COURT-MARTIAL.  51 

Lieut.  X Y.  Z ,  U.  S.  Navy,  and  to  substitute  therefor 

the  following  sentence: . 

(Signed  by  all  the  members  and  the  judge-advocate.) 

Var.  1, and  to  substitute  therefor  the  following  finding: 

The  specification  proved  in  part,  proved  except,  etc.  The  court 
respectfully  adheres  to  its  former  sentence. 

Var.  2.  decided  respectfully  to  adhere  to  its  former  finding 

(or,  finding  and  sentence;  or,  sentence). 

Var.  3.  decided  to  correct  the  following  clerical  errors:  On 

page  — ,  by  inserting  between  lines  10  and  11,  the  following:  * ' ." 

(a)  On  page  9,  by  omitting  from  lines  16  and  17  the  following: 


(b)  On  page  20,  by  omitting  the  words  *' ,"  lines  5  to 

9,  inclusive,  and  substituting  therefor  the  words  '* ." 

The  court  took  up  the  next  case. 

Var.  1.  adjourned  to  await  the  action  of  the  revising  au- 
thority. 

Var  .  2 .  adjourned  to  meet  to-morrow  (on  Monday  next)  at  — 

o'clock  a.  m. 

Var.  3.  proceeded  with  the  trial  of . 

(Signed  by  the  president  and  judge-advocate.) 


ACTION  OF  CONVENING  AUTHORITY  ON  THE  RECORD. 


June  — ,  19 — . 
The  proceedings,  finding  (findings),  and  sentence  of  the  general 

court-martial  in  the  foregoing  case  of  Lieut.  X Y.  Z , 

U.  S.  Navy,  are  approved. 

M L.  M , 

Rear  Admiral,  U.  S.  Navy, 
Oommander  in  Chief,  U.  S.  Padjlc  Fleet. 

(Or)  Rear  Admiral,  U.  S.  Navy, 

Oommander  in, Chief,  Third  Squadron, 

U.  S.  Pacific  Fleet. 

(Or)  Rear  Admiral,  U.  S.  Navy, 

Commander  of  Second  Division,  and 
Commander  in  Chief,  Detached  Squadron, 

U.  S.  Pacific  Fleet. 

(Or)  Captain,  U.  S.  Navy,  Commandant, 

Commanding  U.  S.  Naval  Station, 

San  Juan,  Porto  Rico. 


62  PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL. 

Execution  of  sentence.— No  sentence  of  a  general  court-martial  may  be  carried  into 
execution  until  after  the  whole  of  the  proceedings  have  been  laid  before  the  reviewing 
authority  or,  when  the  circumstances  of  the  case  require  such  action,  have  been  sub- 
mitted through  the  Secretary  of  the  Navy  to  the  President,  for  his  confirmation  and 
orders. 

Conflicting  testimony.— In  passing  upon  the  findings  and  sentence  of  a  court-martial 
the  reviewing  officer  will  properly  attach  special  weight  to  its  conclusions  where  the 
testimony  has  been  of  a  conflicting  character.  This  for  the  reason  that  having  the 
witnesses  before  it  in  person,  the  court  was  qualified  to  judge,  from  their  manner  in 
connection  with  their  statements,  as  to  the  proper  measure  of  credibility  to  be  attached 
to  them  individually. 

Var.  1.  The  proceedings  of  the  general  court-martial  in  the  fore- 
going case  of  Lieut.  X Y.  Z ,  U.  S.  Navy,  are  approved; 

the  findings  and  sentence  are  disapproved  for  the  following  reasons 
(here  state  reasons) ;  he  will  be  released  from  arrest  (confinement)  and 
restored  to  duty. 

Power  of  reviewing  autliority.— Where  the  law  does  not  authorize  the  officer  who 
convened  a  general  court-martial  to  confirm  and  execute  the  sentence,  he  has  still  abso- 
lute power  to  disapprove  and  annul  it.  Should  the  sentence  be  one  which  he  is  not 
empowered  finally  to  confirm  and  execute,  and  he  can  not  remit  or  mitigate  the  same, 
if  he  thinks  it  ought  to  be  confirmed  he  shall,  in  transmitting  the  proceedings  to  the 
authority  having  such  power,  subscribe  a  formal  approval  thereof  on  the  record.  (16 
Opins.  A.  G.,312.) 

Effect  of  disapproval.- While  approval  gives  life  to  a  sentence,  disapproval,  on  the 
other  hand,  quite  nullifies  the  same.  A  disapproval  of  the  sentence  of  a  court-martial 
by  the  legal  reviewing  authority  is  not  a  mere  expression  of  disapprobation,  but  a  final 
determinate  act,  putting  an  end  to  the  proceedings  in  the  particular  case  and  rendering 
them  entirely  nugatory  and  inoperative;  and  the  legal  effect  of  a  disapproval  is  the  same 
whether  or  not  the  officer  disapproving  is  authorized  finally  to  confirm  the  sentence. 
But  to  be  4;hus  operative,  a  disapproval  should  be  express.  The  mere  absence  of  an 
approval  is  not  a  disapproval,  nor  can  a  mere  reference  of  the  proceedings  to  a  superior 
without  words  of  approval  operate  as  a  disapproval  of  the  sentence.  The  effect  of  the 
disapproval,  wholly,  of  a  sentence  is  not  merely  to  annul  the  same  as  such,  but  also  to 
prevent  the  accruing  of  any  disability,  forfeiture,  etc.,  which  would  have  been  incidental 
upon  an  approval.-  (Dig.  Opins.  J.  A.  G.  Army,  2229.)  A  disapproval  of  a  sentence 
by  the  proper  reviewing  authority  is  "tantamount  to  an  acquittal  by  the  court."    (lb.) 

Can  not  disapprove  and  commute.— A  reviewing  officer  can  not  disapprove  a  sentence 
and  then  proceed  to  mitigate  or  commute  the  punishment  since,  upon  the  disapproval, 
there  is  nothing  left  in  the  case  upon  which  any  such  action  can  be  based. 

Upon  revision.— While  a  reviewing  officer  can  not  compel  the  court  to  adopt  his 
views  in  regard  to  a  supposed  defect,  he  may,  in  a  proper  case,  express  his  formal  dis- 
approval of  their  neglect  to  do  so.  Where  a  court  adheres  to  a  sentence  manifestly  too 
lenient  for  the  offense  found,  upon  being  reassembled  to  consider  reasons  presented  by 
the  reviewing  authority  for  the  infliction  of  a  severer  penalty,  it  is  within  the  authority 
of  the  latter  and  would  be  no  more  than  proper  and  dignified  for  him,  in  taking  final 
action  on  the  case,  to  reflect  upon  the  refusal  of  the  court  as  ill  judged  and  as  having  the 
effect  to  impair  the  discipline  and  prejudice  the  interests  of  the  service. 

Var.  2,  The  proceedings  of  the  general  court-martial  in  the  fore- 
going case  of  Lieut.  X Y.  Z ,  U.S.  Navy,  are  approved; 

the  findings  on  the  first  and  second  specifications  of  the  first  charge 
are  disapproved;  and  the  findings  on  the  second  and  third  charges 
and  the  specifications  thereunder,  and  the  sentence,  are  approved. 

Var.  3.  The  proceedings,  findings,  and  sentence  of  the  general 

court-martial  in  the  foregoing  case  of are  approved. 

The  U.  S.  S. is  designated  as  the  place  of  confinement  until 

an  opportunity  offers  for  sending  him  to  the  United  States  in  a  pub- 
lic conveyance. 

Var.  4.  The  proceedings,  findings,  and  sentence  of  the  general 

court-martial  in  the  foregoing  case  of are  approved, 

and  the  U.  S.  S. is  designated  as  the  place  for  the  execution 

of  eo  much  of  the  sentence  as  relates  to  confinement. 


PEOCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  53 

Var.  5.  The  proceedings,  findings,  and  sentence  of  the  general 

court-martial  in  the  foregoing  case  of are  approved, 

and  the  naval  prison  at  the  navy-yard, , ,  is  designated 

as  the  place  for  the  execution  of  so  much  of  the  sentence  as  relates  to 
confinement. 

Designation  of  prison.— Officers  authorized  by  law  to  convene  general  courts-martial 
are  empowered  to  designate  prisons  for  the  confinement  of  men  convicted  by  such  courts, 
as  follows: 

(a)  Those  convicted  by  courts  convened  by  commanders  in  chief  of  fleets  or  squadrons, 
or  commandants  of  naval  stations,  in  Atlantic  waters — the  naval  prison  at  the  navy-yard, 
Portsmouth,  N.  H.,  except  in  cases  tried  at  Boston,  Mass.,  or  on  board  ships  about  to 
proceed  to  Boston,  Mass.,  when  the  naval  prison  at  the  navy-yard,  Boston,  Mass.,  may 
be  designated. 

(b)  Those  convicted  by  courts  convened  by  commanders  in  chief  of  fleets  or  squadrons 
on  the  Pacific  coast,  or  commandants  of  naval  stations  at  Hawaii  and  Samoa— the  naval 
prison  at  the  navy-yard.  Mare  Island,  Cal.,  or  the  U.  S.  S.  Nipsic  at  the  navy-yard, Puget 
Sound,  in  the  discretion  of  the  convening  authority. 

(c)  Those  convicted  by  courts  convened  by  commanders  in  chief  of  fleets  or  squadrons 
in  Asiatic  waters,  or  commandants  of  naval  stations  in  the  Philippine  Islands  and  Guam— 
the  naval  prison  at  the  naval  station,  Cavite,  P.  I. 

In  cases  tried  at  Guam  the  commandant  may,  in  his  discretion,  designate  the  naval 
prison  at  the  navy-yard,  Mare  Island,  Cal. 

Transfer  of  prisoner  and  notification.— The  convening  authority,  after  action  upon 
a  case,  will  order  transportation  and  send  the  prisoner  under  proper  guard  to  the 
designated  prison  at  the  earliest  practicable  date,  notifying  the  commandant  of  the 
navy-yard  or  station  at  which  the  designated  prison  is  located,  by  letter,  stating  the 
offense,  sentence,  action  of  convening  authority,  and  date  of  such  action.  A  similar  let- 
ter shall  be  sent  to  the  Auditor  for  the  Navy  Department,  giving  the  same  data  and, 
in  cases  of  desertion  and  absence  without  leave,  addftional  information  showing  the 
dates  of  the  beginning  and  ending  of  the  period  of  unauthorized  absence.  The  enlist- 
ment records  and  pay  accounts,  or  staff  returns,  of  such  prisoners  should  accompany 
them. 

Notation  on  court-martial  record.— Notation  shall  be  made  on  the  face  of  the  record 
(cover  sheet)  that  the  above-mentioned  letters  have  been  sent,  with  the  date,  thus: 
Letters  to  Commandant,  Navy- Yard,  Portsmouth,  N.  H.,  and  Auditor,  (date).  The 
action  of  the  convening  authority,  shown  on  the  record  of  the  case  as  forwarded  to  the 
Judge-Advocate-General,  will  be  sufficient  notification  to  the  Department  as  to  the  desig- 
nated place  of  confinement. 

Var.  6.  The  proceedings,  findings,  and  sentence  of  the  general 
court-martial  in  the  foregoing  case  of are  approved. 

In  view,  however,  of  the  unanimous  recommendation  to  clemency 
the is  reduced  to . 

Var.  7.  The  proceedings,  findings,  and  acquittal  of  the  general 

court-martial  in  the  foregoing  case  of are  approved, 

and  he  will  be  released  from  confinement  (arrest)  and  restored  to  duty. 

Var.  8.  The  proceedings,  findings,  and  sentence  of  the  general 

court-martial  in  the  foregoing  case  of  Lieut.  X Y.  Z , 

U.  S.  Navy,  are  approved  and,  in  conformity  with  article  53  of  the 
Articles  for  the  Government  of  the  Navy,  the  record  is  respectfully 
referred  to  the  Secretary  of  the  Navy  for  transmission  to  the  Presi- 
dent. 

Article  53,  A.  G.  N.— No  sentence  of  a  court-martial,  extending  to  the  loss  of  life,  or 
to  the  dismissal  of  a  commissioned  or  warrant  officer,  shall  be  carried  into  execution  untU 
confirmed  by  the  President.  All  other  sentences  of  a  general  court-martial  may  be  carried 
into  execution  on  confirmation  of  the  commander  of  the  fleet  or  officer  ordering  the  court. 

Final  disposition  of  records.— The  records  of  proceedings  of  all  courts-martial  shall 
be  forwarded  direct  to  the  Judge-Advocate-General  by  the  reviewing  authority  after 
acting  thereon,  or  in  the  case  of  general  courts-martial  convened  by  the  Secretary  of  the 
Navy,  by  the  presiding  officer  of  such  courts. 

Letters  of  transmittal  not  required.- Letters  of  transmittal  are  not  required  In 
forwarding  to  the  Department  records  of  proceedings  of  courts-martial,  courts  of  inquiry, 
or  boards,  and  should  not  be  sent. 


54  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 


Precept  for  general  court-martial. 

(Or) 


Navy  Department, 
Washington,  June  11,  1909. 


(Or) 


U.  S.  S.  Connecticut, 
Off  Provincetown,  Mass., 

June  11,  1909. 

U.  S.  Naval  Station, 
San  Juan,  Porto  Rico, 

June  11,  1909. 


To  Capt.  A B.  C ,  U.  S.  Navy, 

Commanding  U.  S.  S.  Wisconsin, 

Navy-  Yard,  Philadelphia,  Pa., 
(Naval  Station^  San  Juan,  P.  R.) 
A  general  court-martial  is  hereby  ordered  to  convene  at  the  navy-yard,  Philadel- 
phia, Pa.  (on  board  the  U.  S.  S.  Ohio,  off  Provincetown,  Mass.)  (naval  station,  San 
Juan,  P.  R.),  at  10  o'clock  a.  m.,  on  Monday,  June  21, 1909,  or  as  soon  thereafter  as 

practicable,  for  the  trial  of  Lieut.  X Y.  Z ,  U.  S.  Navy,  and  of  such  other 

persons  as  may  be  legally  brought  before  it. 

The  court  is  composed  of  the  following-named  members,  any  five  of  whom  are  em- 
powered to  act,  viz: 

Capt.  A B.  C ,  U.  S.  Navy; 

Commander  D E.  F ,  U.  S.  Navy; 

Capt.  G H.  I ,  U.  S.  Marine  Corps; 

Lieut.  J K.  L ,  U.  S.  Navy; 

Lieut.  M N.  O ,  U.  S.  Navy; 

First  Lieut.  P Q.  R ,  U.  S.  Marine  Corps; 

Lieut,  (j.  g.)  S T.  U ,  U.  S.  Navy;  and  of  First  Lieut.  V V. 

W ,  U.  S.  Marine  Corps,  as  judge-advocate.    No  other  officers  can  be 

summoned  without  injury  to  the  service. 
Detachment  of  an  officer  from  his  ship  or  station  does  not  of  itself  relieve  him  from 
duty  as  a  member  or  judge-advocate  of  the  court.    Specific  orders  for  such  relief  are 
necessary. 

This  employment  on  shore  duty  is  required  by  the  public  interests,    (This  line 
should  be  omitted  if  the  employment  is  not  shore  duty.) 

C F.  L , 

Secretary  of  the  Navy. 

(Or)  M L.  M , 

Rear-Admiral,  U.  S.  Navy, 
Commander  in  Chief,  U.  S.  Pacific  Fleet. 

(Or)  R P.  G , 

Rear-Admiral,  U.  S.  Navy, 
Commander  of  Second  Division,  and  Commander  in  Chief, 

Detached  Squadron,  U.  S.  Pacific  Fleet. 

(Or)  J —  V.  S , 

Captain,  U.  S.  Navy,  Commandant, 
Commanding  U.  S.  Naval  Station,  San  Juan,  P.  R. 

Name  of  president  Included.— The  name  of  the  oflacer  to  whom  the  precept  is  ad- 
dressed must  be  included  in  the  body  thereof. 

Who  may  order  court.— General  courts-martial  may  be  convened  by  the  President, 
by  the  Secretary  of  the  Navy,  by  the  commander  in  chief  of  a  fleet  or  squadron,  and  by 
the  commanding  oflBcer  of  any  naval  station  beyond  the  continental  limits  of  the  United 
States. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  55 

Composition  of  court.— A  general  court-martial  shall  consist  of  not  more  than  13 
nor  less  than  5  commissioned  officers,  and  as  many  officers,  not  exceeding  13,  as  can 
he  convened  without  injury  to  the  service,  shall  be  summoned  on  every  such  court. 
But  in  no  case  where  it  can  be  avoided  without  injury  to  the  service  shall  more  than 
one-half,  exclusive  of  the  president,  be  junior  to  the  officer  to  be  tried. 

If  less  than  thirteen  members.— When  less  than  13  officers  are  detailed  upon  a  gen- 
eral court-martial,  a  statement  that  "no  other  officers  can  be  summoned  without  injury 
to  the  service  "  shall  be  an  essential  part  of  the  precept,  as  showing  that  the  requirements 
relating  both  to  the  number  and  rank  of  members  have  been  complied  with,  as  far  as 
the  interests  of  the  service  allow. 

Number,  rank,  and  corps.— The  limitations  as  to  the  number,  rank,  or  corps  of  the 
members  is  discretionary  with  the  appointing  power,  and  his  decision  thereon  is  final. 

Trial  of  staflF  or  marine  officer.— In  detaiUng  officers  for  the  trial  of  a  stafE  or  marine 
officer,  it  is  proper,  if  the  exigencies  of  the  service  permit,  that  at  least  one-third  of  the 
court  be  composed  of  officers  of  the  same  corps  as  the  person  to  be  tried. 

Possibility  of  challenge. — No  officer  should  be  named  as  a  member  against  whom 
either  the  judge-advocate  or  the  accused  can  reasonably  object  when  called  upon  to 
exercise  the  privilege  of  challenge. 

Copy  appended  to  record. 


lietter   from    convening    authority   making   change   In 
composition  of  the  court. 

Navy  Department, 
Washington,  June  18,  1909. 
Sir:  Lieut.  F S.  A ,  U.  S.  Navy,  is  hereby  appointed  a  member  (judge- 
advocate)  of  the  general  court-martial  of  which  you  are  president,  in  place  of  Lieut. 

M N.  O ,  U.  S.  Navy,  hereby  relieved. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

President  General  Court-  Martial, 
Navy-  Yard,  Philadelphia,  Pa. 

Changes  In  court.— Changes  in  the  composition  of  the  court  can  legally  be  made  only 
by  the  convening  authority,  and  no  officer  is  empowered  to  sit  as  a  member  or  judge 
advocate  except  in  obedience  to  an  order  signed  by  such  authority  and  addressed  to  the 
court. 

Copies  appended. — Copies  of  all  communications  making  changes  in  the  court  must 
be  appended  to  the  record. 


lietter  transmitting  precept. 

Navy  Department, 
Washington,  June  11,  1909. 
Sir:  I  transmit  herewith  a  precept  addressed  to  you  as  president  of  a  general  court- 
martial  ordered  to  convene  at  the  navy-yard,  Philadelphia,  Pa.,  at  10  o'clock  a.  m., 
on  Monday,  June  21,  1909.     (The  charges  and  specifications  preferred  against  Lieut. 

X Y.  Z ,  U.  S.  Navy,  have  been  forwarded  to  the  judge-advocate  of  the 

court.) 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

Navy-  Yard,  Philadelphia,  Pa. 

The  last  sentence  in  the  above  letter  is  added  only  when  the  court  is  convened  to  try 
a  special  case.  It  is  ordinarily  unnecessary  when  sending  a  new  precept  to  a  permanent 
court. 

Not  appended  to  record. 


56  PROCEEDmOS  OP   A  GENERAL   COURT-MARTIAL. 

Letter  transmitting  charge  and  specification. 

Navy  Department, 
Washington,  June  11,  1909. 
Sir:  C J.  S ,  seaman,  U.  S.  Navy,  will  be  tried  before  the  general  court- 
martial  of  which  you  are  judge-advocate,  upon  charge  and  specification  (charge 
and  specifications)  (charges  and  specifications)  herewith  transmitted. 

You  will  notify  the  president  of  the  court  accordingly,  inform  the  accused  of  the 
date  set  for  his  trial,  and  summon  all  witnesses,  both  for  the  prosecution  and  for  the 
defense. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

First  Lieut.  V V.  W ,  U.  S.  Marine  Corps, 

Marine  Barracks,  Navy-  Yard,  Philadelphia. 

Prefixed  to  record,  preceding  charges  and  specifications. 


Letter  transmitting  copy  of  charge  and  specification  to  com- 
manding officer  under  whom  the  accused  is  serving. 

Navy  Department, 
Office  of  the  Judge-Advocate-General, 

Washington,  June  11,  1909. 

Sir:  C J.  S ,  seaman,  U.  S.  Navy,  will  be  tried  by  general  court-martial. 

I  have  to  request  that  the  inclosed  copy  of  the  charge  and  specifications  be  delivered" 
to  him  with  information  that  the  judge-advocate  of  the  court  has  been  directed  to 
notify  him  as  to  the  date  of  his  trial  and  to  summon  such  witnesses  as  may  be  required 
for  his  defense. 

By  direction  of  the  Secretary  of  the  Navy: 

Very  respectfully,  C H.  E , 

Judge-Advocate-General, 
The  Commanding  Officer, 
U.  S.  S.  Kentucky, 

Navy-  Yard,  Philadelphia,  Pa. 
Not  appended  to  record. 


Letter  to  commandant  of  navy-yard,  inclosing  charges   and 
specifications,  and  placing  officer  under  arrest. 

Navy  Department, 
Washington,  June  11,  1909. 
Sir:  I  transmit  herewith  charges,  with  specifications,  preferred  against  Lieut. 
X Y.  Z ,  U.  S.  Navy,  which  you  will  deliver  to  him  with  the  accom- 
panying letter,  place  him  under  arrest  in  conformity  with  article  44  of  the  Articles 
for  the  Government  of  the  Navy,  directing  that  he  confine  himself  to  the  limits  of 
(the  navy-yard  under  your  command),  and  further  direct  him  to  report  to  Capt. 

A B.  C ,  U.  S.  Navy,  at  10  o'clock  a.  m.,  Monday,  June  21,  1909,  for 

trial  before  the  general  court-martial  of  which  that  officer  is  president. 
Very  respectfully, 

C F.  L— , 

Secretary  of  the  Navy. 
The  Commandant, 

Navy-  Yard,  Philadelphia,  Pa. 


PEOCEEDINGS  OF  A  GENERAL  COUET-MARTIAL.  57 

Order  placing  oflacer  under  arrest. 

U.  S.  Naval  Station,  Hawah, 
Honolulu,  T.  H.,  June  11,  1909. 
Sm:  Inclosed  you  will  find  charges,  with  specifications,  preferred  against  you. 
♦A  general  court-martial  has  been  ordered  to  convene  at  this  station  at  10  o'clock 
a.  m.,  on  Monday,  June  21,  1909,  at  which  time  and  place  you  will  report  to  Capt. 

A B.  C ,  U.  S.  Navy,  the  presiding  officer  of  said  court,  for  trial.  ^ 

You  are  hereby  placed  under  arrest  and  will  confine  yourself  to  the  limits  of . 

Very  respectfully, 

G G.  G , 


Rear-Admiral,  U.  S.  Navy,  Commandant,  U.  S.  Naval  Station,  Hawaii. 

Lieut.  X Y.  Z ,  U.  S.  Navy, 

U.  S.  Naval  Station,  Hawaii. 
(Or) 

U.  S.  S.  Connecticut, 
Off  Provincetown,  Mass., 

June  11,  1909. 
Sir:  Inclosed  you  will  find  charges,  with  specifications,  preferred  against  you. 
You  will  be  tried  by  the  general  court-martial  now  in  session  on  board  the  U.  S.  S. 
New  Hampshire,  and  will  report  to  Capt.  A B.  C ,  U.  S.  Navy,  the  pre- 
siding officer  of  said  court,  at  such  time  as  he  may  designate,  for  trial. 
You  are  hereby  placed  under  arrest  and  will  confine  yourself  to  the  limits  of  the 

u.  s.  s. . 

Very  respectfully, 

D D.  D , 


Rear-Admiral,  U.  S.  Navy,  Commander  in  Chief,  U.  S.  Atlantic  Fleet. 

Lieut.  X Y.  Z ,  U.  S.  Navy, 

U.  S.  S.  Louisiana. 


Letter   to   commandant    of   navy-yard    (or   to    commanding 
officer  of  vessel)  directing  him  to  furnish,  clerical  assistance. 

Navy  Department, 
Washington,  June  11, 1909. 

Sir:  A  general  court-martial,  of  which  Capt.  A B.  C ,  U.  S.  Navy,  is 

president,  has  been  ordered  to  convene  at  the  navy-yard,  Philadelphia,  at  10  o'clock 
a.  m.,  on  Monday,  June  21,  1909. 

You  will  detail,  from  the  civil  employees  or  enlisted  force  under  your  command, 
a  suitable  person  (or  persons)  to  assist  the  judge-advocate  in  recording  the  proceedings 
of  the  court. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 
The  Commandant, 

Navy-  Yard,  Philadelphia,  Pa. 

Not  appended  to  record. 


58  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

Letter  to  judge -advocate  authorizing  correction  in  the  speci- 
fications. 

Navy  Department, 
Washington,  June  15,  1909. 
Sir:  You  are  hereby  authorized  and  directed  to  change  the  copy  of  charges  and 

specifications  preferred  by  the  Department  against  Lieut.  X Y.  Z ,  U.  S. 

Navy,  in  the  following  particular:  On  page  3,  line  6,  the  word  " "  to  " ." 

You  will  cause  the  copy  in  the  possession  of  Lieut.  Z to  be  corrected 

accordingly. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

First  Lieut.  V V.  W ,  U.  S.  Marine  Corps, 

Judge-Advocate,  General  Court- Martial,  Navy-  Yard,  Philadelphia,  Pa. 

Prefixed  to  record,  following  letter  of  transmittal  and  preceding  charges  and 
specifications. 


Ijetter  to  judge -advocate  authorizing  a  nolle  prosequi. 

Navy  Department, 
Washington,  June  17,  1909. 
Sir:  You  are  hereby  authorized  and  directed  to  enter  a  nolle  prosequi  in  the  case 

of  Lieut.  X Y.  Z ,  U.  S.  Navy,  on  the  charge  and  specification  preferred 

against  him  by  the  Department,  and  forwarded  to  you  on  June  11,  1909,  for  trial. 

You  will  return  all  papers  in  the  foregoing  case  to  the  Department  (office  of  the 
Judge- Ad  vocate-G  en  eral) . 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

First  Lieut.  V V.  W ,  U.  S.  Marine  Corps, 

Judge- Advocate,  General  Court- Martial,  Navy-  Yard,  Philadelphia,  Pa., 

Appended  to  record. 


Letter  to  judge-advocate  authorizing  the  employment  of  a 

stenographer. 

Navy  Department, 
Washington,  June  11,  1909. 
Sir:  You  are  hereby  authorized  and  directed  to  employ,  at  the  customary  market 
rates,  to  be  agreed  upon  in  writing  before  any  services  are  rendered,  such  stenographic 
assistance  as  may,  in  your  judgment,  be  requisite  and  proper  for  the  purpose  of 
recording  the  proceedings  to  be  had,  and  the  testimony  to  be  taken,  by  the  general 
court-martial  of  which  you  are  judge-advocate,  ordered  to  convene  on  board  the 
U.  S.  S.  Connecticut  at  Hampton  Roads,  Va.,  on  Tuesday,  June  15,  1909. 

This  agreement  will  embrace  a  separate  charge  for  the  copying  of  such  matter  as 
may  not  be  taken  stenograph ically. 

Should  it  appear  at  any  time  subsequent  to  the  making  of  the  original  agreement 
that  service  other  than  that  specified  therein  is  necessary,  a  new  agreement  in  writing 
shall  at  once  be  made  concerning  the  additional  service. 

The  commanding  officer  of  the  U,  S.  S.  Connecticut  has  been  directed  to  furnish 
you  with  the  necessary  clerical  assistance. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Commander  K K.  K ,  U.  S.  Navy, 

Judge- Advocate,  General  Court- Martial, 

U.  S.  S.  Connecticut,  Hampton  Roads,  Va. 
Mot  appended  to  record. 


PROCEEDINGS  OE  A  GENERAL  COUKT-MARTlAL.  59 

Form    of    agreement   between  judge-advocate    and    stenog- 

raplier. 

,  1909. 


I  propose  to  do  the  necessary  stenographic  work  in  the  general  court-martial  (court 

of  inquiry)  to  be  convened  at ,  on  the day  of (now  in  session 

at ),  for  the  trial  of (or  as  the  case  may  be),  and  furnish copies  of 

the  record  for cents  per  folio  of words  (or,  for  $ per  diem);  and 

to  copy  such  matter  as  may  not  be  taken  stenographically  for cents  per  folio. 

Should  additional  service,  other  than  that  herein  specified,  become  necessary,  a 
new  agreement  for  such  service  at  not  more  than  market  rates  therefor  will  be  made. 


The  above  proposition  is  accepted. 

V V.  W- 


Judge- Advocate. 

Agreement  In  duplicate. — This  agreement  should  be  made  in  duplicate,  one  copy 
to  be  retained  by  the  stenographer  and  the  other  forwarded  by  the  judge-advocate  to 
the  Judge-Advocate-General  of  the  Navy  when  the  services  have  been  performed. 


Request  for  court  room  and  for  provost- marshal,  guard,  and 

orderlies. 

U.  S.  S.  Wisconsin, 
Navy- Yard,  New  York, 

June  U,  1909. 
Sir:  Having  been  appointed  president  of  a  general  court-martial,  ordered  to  con- 
vene at  the  navy-yard  under  your  command,  at  10  o'clock  a.  m.,  on  Monday,  June 
21,  1909,  I  respectfully  request  that  a  suitable  place  be  assigned  for  the  sessions  of 
the  court,  and  that  a  provost- marshal  and  the  necessary  guard  and  orderlies  be  de- 
tailed, as  provided  by  the  Navy  Regulations. 

Very  respectfully,  A B.  C , 

Captain,  U.  S.  Navy,  President. 
The  Commandant, 

Navy-  Yard,  New   York. 


Order  to  president  of  court  wlien  travel  is  involved. 

Navy  Department, 
Washington,  June  12,  1909. 
Sir:  Having  been  appointed  president  of  a  general  court-martial  ordered  to  convene 
at  the  navy-yard,  New  York,  at  10  o'clock  a.  m.,  on  Monday,  June  22,  1909,  you  will 
proceed  to  that  place  and  report  to  the  commandant  of  said  yard  on  the  date  specified. 
The  members  of  the  court  and  the  judge-advocate  have  been  directed  to  report 
to  you. 

Upon  the  completion  of  this  duty  return  to  Boston,  Mass.,  and  resume  present 
duties. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

Commanding  U.  S.  8.  Vermont, 
Navy-  Yard,  Boston.  Mass. 

If  president  of  court  Is  senior.— When  the  president  of  the  court  is  senior  to  the 
commandant  of  the  station,  he  is  ordered  to  confer  with,  instead  of  reporting  to,  him. 

If  court  ordered  by  commander  in  chief.— When  the  court  is  ordered  by  a  com- 
mander in  chief  of  a  fleet  or  squadron,  or  the  commandant  of  a  naval  station  abroad, 
this  order  is  issued  from  his  office. 
Not  appended  to  record. 


60  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

Order  to  president  of  court  when  no  travel  Is  involved. 

Navy  Department, 
Washington,  June  12,  1909. 
Sir:  Having  been  appointed  president  of  a  general  court-martial  ordered  to  con- 
vene at  the  navy-yard,  Washington,  D.  C,  at  10  o'clock  a.  m.,  on  Monday,  June  22, 
1909,  you  will  report  to  the  commandant  of  said  yard  on  the  date  specified. 

The  members  of  the  court  and  the  judge-advocate  have  been  directed  to  report 
to  you. 
This  duty  is  in  addition  to  your  present  duties. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

Navy-  Yard,  Washington,  D.  C. 

If  court  ordered  by  commander  In  chief.— When  the  court  is  ordered  by  a  com- 
mander in  chief  of  a  fleet  or  squadron,  or  the  commandant  of  a  naval  station  abroad,  this 
order  is  issued  from  his  office. 

Not  appended  to  record. 


Order  to  member  or  judge -advocate  when  travel  Is  involved. 

Navy  Department, 
Bureau  of  Navigation, 
Washington,  June  12,  1909. 
Sir:  Having  been  appointed  a  member  (judge-advocate)  of  a  general  court-martial 
ordered  to  convene  at  the  navy-yard.  New  York,  at  10  o'clock  a.  m.,  on  Monday, 

June  22,  1909,  you  will  proceed  to  that  place  and  report  to  Capt.  A B.  C , 

U.  S.  Navy,  presiding  officer  of  the  court,  at  the  time  specified. 

Upon  the  completion  of  this  duty  return  to  Boston,  Mass.,  and  resume  present 
duties. 

Very  respectfully,  M M.  M , 

Chief  of  Bureau. 

Lieut.  J K.  L ,  U.  S.  Navy, 

Navy-  Yard,  Boston,  Mass. 

If  court  ordered  by  commander  In  chief. — When  the  court  is  ordered  by  a  com- 
mander in  chief,  etc.,  these  orders  are  issued  from  his  office. 
Not  appended  to  record. 


Order  to  member  or  jndge-advocate  vs^lien  no  travel  is 

involved. 

Navy  Department, 
Bureau  op  Navigation, 

June  12,  1909. 
Sir:  Having  been  appointed  member  (judge-advocate)  of  a  general  court-martial 
ordered  to  convene  at  the  navy-yard.  New  York,  at  10  o'clock  a.  m.,  on  Monday,  June 

22,  1909,  you  will  report  to  Capt.  A B.  C — '■ ,  U.  S.  Navy,  the  presiding 

officer  of  the  court,  at  the  place  and  time  specified. 

Very  respectfully,  M M.  M , 

Chief  of  Bureau . 

Lieut.  M N.  O ,  U.  S.  Navy, 

U.  S.  S.  Birmingham, 

Navy-  Yard,  New  York. 

If  court  ordered  by  commander  In  chief. — When  the  court  is  ordered  by  a  com- 
mander in  chief,  etc.,  these  orders  are  issued  from  his  office. 
Not  appended  to  record. 


PEOCEEDTNGS   OF   A  GENERAL   COURT-MARTIAL.  61 

Summons  for  naval  witness. 

Court-Martial  Room, 
Navy- Yard,  New  York, 

June  23,  1909. 

To  Lieut.  G C.  C ,  U.  S.  Navy, 

Navy-  Yard,  New  York. 
You  are  hereby  summoned  to  appear  before  a  general  court-martial  at  the  navy-yard. 
New  York,  at  10  o'clock  a.  m.,  June  24,  1909,  as  a  witness  for  the  prosecution  (defense) 

in  the  case  of  Lieut.  X Y.  Z ,  U.  S.  Navy. 

When  discharged,  return  to  your  present  station  and  duties. 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps, 

Judge- Advocate. 

Jndge-advocate  to  summon  witnesses.— The  judge-advocate  shall  summon,  through 
the  customary  channels,  every  person  whose  testimony  is  in  any  way  necessary,  whether 
to  the  prosecution  or  to  the  defense;  but  he  shall  not,  except  by  order  of  the  court,  sum- 
mon any  witnesses  at  the  expense  of  the  United  States,  or  any  officer  of  the  Navy  or 
Marine  Corps,  unless  satisfied  that  his  testimony  is  material  and  necessary  to  the  ends 
of  justice. 

Officers  on  leave  or  waiting  orders.— Whenever  the  judge-advocate  of  a  court-martial 
convened  within  the  limits  of  the  United  States  has  occasion  to  summon  as  witness  an 
officer  who  may  at  the  time  be  waiting  orders  or  on  leave,  he  shall,  at  the  same  time, 
notify  the  Bureau  of  Navigation  or  the  Commandant  of  the  Marine  Corps,  as  the  case 
may  be,  of  the  fact  that  the  summons  has  been  issued;  and  he  shall  send  a  similar  notice 
when  such  officer  is  discharged  from  further  attendance  on  the  court. 

Enlisted  man.— When  the  attendance  of  an  enlisted  man  as  a  witness  is  desired,  and 
formal  notification  is  necessary,  a  summons  in  the  form  shown  above  will  be  trans- 
mitted to  such  witness  through  official  channels. 

Not  appended  to  record. 


Subpoena  for  civilian  witness. 

Naval  General  Court-Martial  of  the  United  States, 
Navy- Yard,  New  York. 

United  States  j 

V.  ^  \  Subpoena. 

Lieut.  X Y.  Z ,  U.  S.'  NavyJ 

The  President  of  the  United  States  to  J B.  S : 


You  are  hereby  commanded  to  appear  as  a  witness  for  the  prosecution,  at  10  o'clock 
a.  m.,  June  22, 1909,  before  a  naval  general  court-martial  of  the  United  States,  convened 
at  the  navy-yard.  New  York,  by  an  order  of  the  Secretary  of  the  Navy,  dated  June 
11,  1909. 

And  herein  fail  not  under  penalty  of  five  hundred  dollars  fine  or  imprisonment  for 
six  months,  or  both. 

Bring  with  you  this  precept  and  depart  not  the  court  without  leave. 

Witness:  Capt.  A B,  C ,  U.  S.  Navy,  president  of  the  said  court,  this  21st 

day  of  June,  1909. 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps, 

Judge-Advocate. 


62  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

Power  to  compel  attendance.— The  act  of  Congress,  approved  February  16,  1909, 
provides  that  a  naval  court-martial  or  court  of  inquiry  shall  have  power  to  issue  like 
process  to  compel  witnesses  to  appear  and  testify  which  United  States  courts  of  criminal 
jurisdiction  within  the  State,  Territory,  or  district  where  such  naval  court  shall  be 
ordered  to  sit  may  lawfully  issue. 

In  case  of  neglect  or  refusal,  etc.,  to  appear.— The  same  act  provides,  further,  that 
any  person  duly  subpoenaed  to  appear  as  a  witness  before  a  general  court-martial  or  court 
of  inquiry  of  the  navy,  who  willfully  neglects  or  refuses  to  appear  or  refuses  to  qualify 
as  a  witness  or  to  testify  or  to  produce  documentary  evidence  which  such  person  may 
have  been  legally  subpoenaed  to  produce,  shall  be  deemed  guilty  of  a  misdemeanor,  for 
which  such  person  shall  be  punished  on  information  in  the  district  court  of  the  United 
States;  and  it  shall  be  the  duty  of  the  United  States  district  attorney  on  the  certification 
of  the  facts  to  him  by  such  naval  court,  to  file  an  information  against  and  prosecute  the 
person  so  offending,  and  the  punishment  of  such  person,  on  conviction,  shall  be  a  fine 
•  of  not  more  than  $500  or  imprisonment  not  to  exceed  six  months,  or  both,  at  the  dis- 

cretion of  the  court:  Provided,  That  this  shall  not  apply  to  persons  residing  beyond  the 
State,  Territory,  or  district  in  which  such  naval  court  is  held,  and  that  the  fees  of  such 
witness  and  his  mileage  at  the  rates  provided  for  witnesses  in  the  United  States  district 
court  for  said  State,  Territory,  or  district  shall  be  duly  paid  or  tendered  said  witness, 
such  amounts  to  be  paid  by  the  Bureau  of  Supplies  and  Accounts  out  of  the  appropria- 
tion for  compensation  of  witnesses:  Provided  further ,  That  no  witness  shall  be  compelled 
to  incriminate  himself  or  to  answer  any  question  which  may  tend  to  incriminate  or 
degrade  him. 


Subpoena  duces  tecum  for  naval  witness. 

Court-Martial  Room, 

Navy- Yard,  New  York, 

June  21,  1909. 

To  Lieut.  H H.  J ,  U.  S.  Navy, 

Navy -Yard,  New  York: 
You  are  hereby  summoned  to  appear  before  a  general  court-martial  at  the  navy-yard, 
New  York,  at  10  o'clock  a.  m,,  June  24,  1909,  as  a  witness  for  the  prosecution  (defense) 

in  the  case  of  Lieut.  X Y.  Z ,  U.  S.  Navy. 

You  will  also  bring  with  you  the  following-described  documents:    (Here  describe 
them.) 
When  discharged,  return  to  your  present  station  and  duties. 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps,  Judge- Advocate. 


SubpcBna  duces  tecum  for  civilian  vv^ltness. 

Naval  General  Court-Martial  op  the  United  States. 
Navy- Yard,  New  York. 


United  States 

V. 

Lieut.  X Y.  Z ,  U.  S.  Navy.. 


Subpoena. 


The  President  of  the  United  States  to  J B.  S ; 

You  are  hereby  commanded  to  appear  as  a  witness  for  the  prosecution  (defense),  at 
10  o'clock  a.  m.,  June  22,  1909,  before  a  naval  general  court-martial  of  the  United 
States,  convened  at  the  navy-yard.  New  York,  by  an  order  of  the  Secretary  of  the 
Navy,  dated  June  11,  1909,  and  bring  with  you  the  following-described  documents: 
(Here  describe  them.) 

And  herein  fail  not  under  penalty  of  five  hundred  dollars  fine  or  imprisonment  for 
six  months,  or  both. 


PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL.  63 

Bring  with  you  this  precept,  and  depart  not  the  court  without  leave. 

Witness:  Capt.  A B.  C ,  U.  S.  Navy,  president  of  the  said  court,  this 

2l8t  day  of  June,  1909. 


V.  W- 


First  Lieutenant,  U.  S.  Marine  Corps,  Judge-Advocate. 


Subpoena  for  taking  deposition  of  a  witness. 

Naval  General  Court-Martial  of  the  United  States. 
Navy- Yard,  New  York. 

United  States  ] 

V.  \    Subpoena. 

Lieut.  X Y.  Z ,  U.  S.  NavyJ 

The  President  of  the  United  States  to  J B.  S ; 

You  are  hereby  commanded  to  appear  as  a  witness  for  the  prosecution  (defense)  on 
June  — ,  1909,  at  —  o'clock  —  m.,  before  the  commandant  of  the  navy-yard,  Mare 
Island,  Cal.,  or  such  person  as  he  may  designate,  detailed  to  take  your  deposition  for 
use  before  a  naval  general  court-martial  of  the  United  States,  convened  at  the  navy- 
yard.  New  York,  by  an  order  of  the  Secretary  of  the  Navy,  dated  June  11,  1909. 

And  herein  fail  not  under  penalty  of  five  hundred  dollars  fine  or  imprisonment  for 
six  months,  or  both. 

Bring  with  you  this  precept,  and  depart  not  without  leave. 

Witness:  Capt.  A B.  C ,  U.  S.  Navy,  president  of  the  said  court,  this 

21st  day  of  June,  1909. 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps,  Judge- Advocate. 

Who  may  administer  oatlis.— Judges-advocate  of  naval  courts-martial  and  courts  of 
inquiry,  and  all  commanders  in  chief  of  naval  squadrons,  commandants  of  navy-yards 
and  stations,  officers  commanding  vessels  of  the  navy,  and  recruiting  officers  of  the  navy, 
and  the  adjutant  and  inspector,  assistant  adjutants  and  inspectors,  commanding  officers, 
and  recruiting  officers  of  the  Marine  Corps  are  authorized  to  administer  oaths  for  the 
purposes  of  naval  justice  and  for  other  purposes  of  naval  administration. 

Oaths  to  be  talien  before  an  officer.— When  practicable,  officers  and  men  of  the  Navy 
and  Marine  Corps  who  may  be  required  to  subscribe  under  oath  to  any  papers  relating  to 
naval  administration  and  the  administration  of  naval  justice  shall  do  so  in  the  presence 
of  officers  of  the  service  authorized  to  administer  oaths. 

Depositions  of  witnesses  may  be  talten.— It  is  provided  by  the  act  of  February  16, 
1909,  that  depositions  of  witnesses  may  be  taken  on  reasonable  notice  to  the  opposite 
party,  and,  when  duly  authenticated,  may  be  put  in  evidence  before  naval  courts,  except 
in  capital  cases  and  cases  where  the  punishment  may  be  imprisonment  or  confinement 
for  more  than  one  year,  as  follows:  First,  depositions  of  civilian  witnesses  residing  outside 
the  State,  Territory,  or  district  in  which  a  naval  court  is  ordered  to  sit;  second,  deposi- 
tions of  persons  in  the  naval  or  military  service  stationed  or  residing  outside  the  State, 
Territory,  or  district  in  which  a  naval  court  is  ordered  to  sit,  or  who  are  under  orders 
to  go  outside  of  such  State,  Territory,  or  district;  third,  where  such  naval  court  is  con- 
vened on  board  a  vessel  of  the  United  States,  or  at  a  naval  station  not  within  any  State, 
Territory,  or  district  of  the  United  States,  the  depositions  of  witnesses  may  be  taken  and 
used  as  herein  provided  whenever  such  witnesses  reside  or  are  stationed  at  such  distance 
from  the  place  where  said  naval  court  is  ordered  to  sit,  or  are  about  to  go  to  such  a  dis- 
tance as,  in  the  judgment  of  the  convening  authority,  would  render  it  impracticable  to 
secure  their  i)ersonal  attendance. 


^      OF    THE 

UNIVERSITY 

OF 


64  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

Return  of  service. 

(Indorsement  on  preceding  writs.) 
United  States 

V. 

Lieut.  X Y.  Z ,  U.  S.  Navy.J 

Navy- Yard,  Kew  York, 

June  22,  1909. 

I  certify  that  I  made  service  of  the  within  subpoena  on  J B.  S ,  the 

witness  named  therein,  by  personally  delivering  to  him  a  duplicate  of  the  same  at 

,  on  the  21st  day  of  June,  1909. 

B R.  G , 

Lieutenant,  U.  S.  Navy, 
Provost- Marshal,  General  Court- Martial. 
(Or  other  person,  as  the  case  may  be.) 

\  ss.    (State  and  county,  or  navy  yard,  etc.,  where  affidavit  is  taken.) 


B R.  G ,  being  duly  sworn,  on  his  oath  states  that  the  foregoing  cer- 
tificate is  true. 

B R.  G 

Subscribed  and  sworn  to  this  22d  day  of  June,  1909,  before  me. 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps,  Judge- Advocate. 
(Or  other  officer,  giving  title,  before  whom  affidavit  is  made.) 

Original  sabpoena  returned.— After  service,  as  above  indicated,  the  original  sub- 
poena sliould  be  at  once  returned  to  the  judge-advocate  of  the  court;  if  the  witness  can 
not  be  foimd,  the  judge-advocate  shall  be  so  informed. 

Securing  attendance  of  witnesses.— Subpoenas  shall,  whenever  possible,  be  sent 
through  official  channels.  In  case  a  civilian  witness,  duly  subpoenaed  before  a  cotu-t- 
martial  or  court  of  inquiry,  willfully  neglects  or  refuses  to  qualify  as  a  witness,  or  to 
testify  or  produce  documentary  evidence  as  required  by  law,  he  shall  at  once  be  tendered 
or  paid  by  a  pay  officer,  designated  by  the  senior  officer  present,  one  day's  fees  and  mile- 
age for  the  journey  to  and  from  the  court,  and  shall  thereupon  be  again  called  upon  to 
comply  with  the  requirements  of  the  law.  The  fees  and  mileage  of  civilian  witnesses 
residing  beyond  the  limits  of  the  State,  Territory,  or  district  in  which  the  court-martial 
is  held  shall  not  be  paid  in  advance,  as  such  witnesses  can  not  be  punished  if  they  refuse 
to  obey  the  summons. 

Witness  living  near  at  hand.— If  the  desired  witness  is  a  civilian  living  near  where 
the  court  is  convened,  duplicate  subpoenas  shall  be  prepared,  one  of  which  shall  be 
served  by  the  judge-advocate,  provost-marshal,  recorder,  deck  court  officer,  or  by  any 
person  duly  instructed  to  do  so;  if  the  residence  of  the  witness  is  not  near  at  hand,  but 
still  within  the  State,  etc. ,  the  duplicate  subpoenas  shall  be  sent  to  the  convening  author- 
ity or  senior  oflScer  present,  requesting  service  of  the  same. 

Service  and  proof  thereof.— Service  is  made  by  a  personal  delivery  of  the  duplicate 
subpoena  to  the  witness,  and  proof  of  service  by  returning  the  original  to  the  judge- 
advocate,  recorder,  or  deck  court  officer,  properly  indorse^  by  the  person  who  serves  the 
subpoena.  Any  person,  duly  instructed  to  do  so,  may  serve  the  subpoena,  but  the  service 
must  he  personal. 


PKOCEEDINGS   OF  A  GENERAL  COURT-MAKTIAL.  65 

Warrant  of  attaclinient. 

Naval  General  Court-Martial  of  the  United  States. 
United  States 


Lieut.  X Y.  Z ,  U.  S.  Navy. 

The  President  of  the  United  States  to  Lieut.  B R.  G^ ,  U.  S.  Navy,  provost- 
marshal  for  said  court: 

Whereas,  J B.  S ,  of ,  was  on  the day  of  June,  1909, 

at ,  duly  subpoenaed  to  appear  and  attend  at  the  navy-yard,  New  York,  on 

the day  of  June,  1909,  at  10  o'clock  a.  m.,  before  a  naval  general  court-martial 

of  the  United  States,  duly  convened  by  an  order  of  the  Secretary  of  the  Navy,  dated 
June  11,  1909,  to  testify  on  the  part  of  the  prosecution  (defense)  in  the  above-entitled 
case: 

And  whereas  he  has  willfully  neglected,  refused,  and  failed  to  appear  and  attend 
(or,  and  to  produce  documentary  evidence  which  he  was  legally  subpoenaed  to  pro- 
duce) before  said  general  court-martial  as  by  said  subpoena  required: 

And  whereas  he  is  a  necessary  and  material  witness  on  behalf  of  the  prosecution 
(defense)  in  the  above-entitled  case: 

Now,  therefore,  by  virtue  of  the  power  vested  in  said  naval  court-martial,  by  sectidn 
11  of  an  act  of  Congress  entitled  "An  act  to  promote  the  administration  of  justice  in 
the  navy,"  approved  February  16,  1909,  of  which  court-martial  I,  the  undersigned, 
am  president,  you  are  hereby  commanded  and  empowered  to  apprehend  and  attach 

the  said  J B.  S ,  wherever  he  may  be  found  within  the  State  (Territory 

or  district)  of  New  York,  and  forthwith  bring  him  before  the  said  general  court-martial 
assembled  at  the  navy-yard.  New  York,  to  testify  as  required  by  said  subpoena. 

Dated  Navy- Yard,  New  York,  June  — ,  1909. 

A B.  C , 

Captain,  U.  S.  Navy,  President  of  said  General  Court-Martial. 

Warrant  sensed  by  whom.— This  warrant  should  be  addressed  to  and  served  by  the 
provost  marshal  of  the  court.  If  none  has  been  appointed,  the  court  should  ask  for  such 
an  appointment  before  the  president  issues  the  warrant. 

Power  of  court  to  Issue.— Should  a  civilian  witness  fail  to  appear  after  due  and  reason- 
able notice,  after  having  been  served  with  a  subpoena,  the  court  has  power  to  issue  like 
process  to  compel  him  to  appear  and  testify,  which  United  States  courts  of  criminal 
jurisdiction  within  the  State,  Territory,  or  district  where  such  naval  court  is  convened 
may  lawfully  issue.  This  power  also  includes  the  power  to  execute  such  process  through 
an  officer,  who  shall  be  specially  charged  with  its  execution. 

Limits  of  warrant.— A  warrant,  or  writ,  of  attachment  does  not  run  beyond  the 
State,  Territory,  or  district  in  which  the  court-martial  sits. 

Method  of  enforcing  attendance.— Whenever  it  becomes  necessary  to  enforce  the 
attendance  of  a  civilian  witness  as  provided  above,  the  president  of  the  court  will  issue 
a  warrant  of  attachment,  directing  and  delivering  it  for  execution  to  an  officer  desig- 
nated for  that  purpose,  the  provost  marshal  of  the  court.  He  will  also  deliver  to  this 
officer  the  subpoena,  indorsed  with  affidavit  of  service  (to  be  returned  when  the  warrant 
is  executed),  and  a  certified  copy  of  the  order  appointing  the  court-martial. 

Use  of  force.— In  executing  such  process  it  is  lawful  to  use  only  such  force  as  may  be 
necessary  to  bring  the  witness  before  the  court.  Whenever  force  is  actually  required, 
the  senior  officer  present,  or  other  qfficer  designated  by  the  convening  authority,  nearest 
the  witness's  residence  will  furnish  a  detail  sufficient  to  execute  the  process.  The  use 
of  such  force,  however,  should  only  be  resorted  to  when  the  ends  of  justice  absolutely 
demand  it,  when  all  other  means  have  failed,  and  only  with  the  greatest  discretion. 

3483—10 5 


66  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

Interrogatories  and  Deposition. 

Interrogatories. 
United  States 

Lieut.  X '-  Y.  Z 


U.  S.  Navy. 

The  following  interrogatories  and  cross-interrogatories  to  be  propounded  under 
section  16  of  the  act  of  Congress,  approved  February  16,  1909,  to ,  sta- 
tioned (or  residing)  at ,  a  witness  for  the  prosecution  (defense)  in  the 

above-entitled  case  now  pending  and  to  be  tried  before  the  general  court-martial 
convened  by  an  order  of  the  Secretary  of  the  Navy,  dated  June  11,  1909,  are  accepted 
by  the  court  in  open  session,  the  defense  (prosecution)  having  been  given  reasonable 
opportunity  to  submit  cross-interrogatories  {or,  are  agreed  upon  by  both  parties  in 
advance  of  the  assembling  of  the  court  and  subject  to  exceptions  when  read  in  court) 

and  are  respectfully  forwarded  to with  the  request  that  some  suitable 

officer  may  be  designated  to  take,  or  cause  to  be  taken,  the  deposition  of  the  said 
witness  thereon: 

First  interrogatory:  Are  you  in  the  United  States  Navy?  If  yes,  what  is  your  full 
name,  rank,  and  vessel  or  station?  If  no,  what  is  your  full  name,  occupation,  and 
residence? 

Second  interrogatory:  Do  you  know  the  accused?  If  yes,  how  long  have  you  known 
him? 

Third  interrogatory: ? 

Etc. 

First  cross-interrogatory: ? 

Etc. 

First  interrogatory  by  the  court: ? 

Etc. 

Dated  at  the  Navy- Yard,  New  York,  June  — ,  1909. 

A B.  C , 


Captain,  U.  S.  Navy,  President  of  the  Court. 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps,  Judge-Advocate. 

(Or,  if  taken  in  advance  of  the  assembling  of  the  court,  the  signatures  should  be 
those  of  the  judge-advocate  and  the  accused,  thus:) 

V V.  W . 


First  Lieutenant,  U.  S.  Marine  Corps,  Judge- Advocate. 

X Y.  Z , 

Lieutenant,  U.  S.  Navy. 


Navy- Yard,  Mare  Island,  Cal., 

June  — ,  1909. 

Capt.  L L.  L ,  U.  S.  Navy,  commanding  U.  S.  S.  Independence  (or 

some  other  officer  lawfully  authorized  to  administer  oaths),  is  hereby  designated  to 
take  the  deposition  of  the  said  J B .  S ,  a  witness  on  the  part  of  the  prose- 
cution (defense)  in  the  case  of  the  United  States  against  Lieut.  X Y.  Z , 

U.  S.  Navy,  now  pending  before  a  general  court-martial  at  the  navy-yard,  New  York. 

The  deposition,  when  taken,  shall  be  sent  to  Capt.  A B.  C ,  U.  S.  Navy 

(or,  to  First  Lieut.  V V.  W ,  U.S.  Marine  Corps,  judge-advocate),  president 

of  said  court  at  the  navy-yard,  New  York. 

L G.  N , 

Rear- Admiral,  U.  S.  Navy,  Commandant. 


PROCEEDINGS  OF  A  GENEKAL  COUET-MAETIAL 


67 


Deposition. 

J B.  S ,  the  witness  above  named,  having  been  first  duly  sworn  by  me, 

Capt.  L L.  L ,  U.  S.  Navy,  commanding  the  U.  S.  S.  Independence,  doth 

depose  and  say  for  full  answers  to  the  foregoing  interrogatories,  as  follows: 


To  the  first  interrogatory: 
Etc. 


B.  S- 


Subscribed  and  sworn  to  before  me  this day  of  June,  1909. 

L L.  L- 


Captain,  U.  S.  Navy,  Commanding  U.  S.  S.  Independence. 

To  obtain  deposition. — The  method  of  procedure  to  obtain  a  deposition  is  as  follows: 
The  party,  prosecutor  or  defendant,  desiring  the  deposition  submits  to  the  court  a  list 
of  interrogatories  to  be  propounded  to  the  absent  witness;  the  opposite  party  then  pre- 
pares and  submits  a  list  of  cross-interrogatories,  a  reasonable  time  being  allowed  for  this 
purpose;  redirect  and  recross  interrogatories  are  added  if  desired;  finally,  the  court,  hav- 
ing assented  to  the  interrogatories  thus  submitted,  adds  such  as  in  its  judgment  may  be 
necessary  to  elucidate  the  whole  subject  of  the  witness's  testimony. 

Papers  sent  to  whom. — The  interrogatories  having  been  accepted  by  the  court,  dupli- 
cate subpoenas  shall  be  prepared  requiring  the  witness,  if  a  civilian,  to  appear  in  person, 
at  the  time  and  place  prescribed  in  the  subpoena  or  to  be  entered  by  the  convening 
authority,  commandant,  or  other  officer,  naval  or  civil,  who  is  to  take  the  deposition 
or  cause  it  to  be  taken,  and  the  interrogatories,  subpoenas,  and  proper  account  for 
civilian  witness  shall  be  sent  to  the  convening  authority,  senior  officer  present,  or 
other  officer,  naval  or  civil,  or  to  the  witness  himself,  if  necessary,  with  a  request  that 
the  deposition  be  secured,  the  required  data  supplied  in  the  account  for  civilian  wit- 
ness, and  the  post-office  address  given,  so  that  the  account  may  be  properly  certified  by 
the  officer  administering  the  oath  before  payment. 

Deposition  of  person  in  the  service.— If  the  deposition  of  a  person  in  the  service  is 
required,  subpoenas  will  not  be  inclosed  with  the  interrogatories,  but  the  officer  before 
whom  the  deposition  is  to  be  taken,  or  the  officer  who  causes  it  to  be  taken,  shall  direct 
the  witness  to  appear  at  the  proper  time  and  place. 


Account  of  civilian  witness  not  in  government  employ. 

(General  Orders,  Nos.  12  and  31;  act  of  February  16,  1909,  sections  11  and  12.) 


The  United  States,  Navy  Department,  To 


Dr. 


Address: 


,  19—. 


For  allowance  while  in  attendance  before  a  general  court- 
martial    convened     at ,  from ,     19 — ,     to 

,  19 — ,  as  per  judge-advocate's  certificate  hereon, 

being days,  at  $1.50  per  day 

For  mileage  from to and  return,  in  accordance 

with  subpoena  attached,  being miles,  at  5  cents 

per  mile 

Total 


Dollars. 


Cents. 


68  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

I  solemnly  swear  that  the  above  account  is  correct,  and  that  I  have  not  been  fur- 
nished with  government  transportation  for  any  part  of  the  journey  for  which  travel 
fare  is  charged,  and  that  I  have  not  heretofore  received  payment  for  any  part  of  this 
account. 


Sworn  to  and  subscribed  before  me  at ,  on  this 


day  of  - 

,  19-. 

AU.s.~.) 

(Judge- Advocate,  or  proper  oflQcer.) 


I  certify  that ,  a  civilian  not  in  government  employ,  has  been  in  attendance 

as  a  witness  before  the court-martial,  of  which  I  am in  session  at 

from ,  19 — ,  to ,  19—,  inclusive,  and  that  he  was  duly  summoned  thereto 

from ,  and  that  he  was  not  furnished  transportation  by  the  Government  for  any 

portion  of  this  journey. 


,{U.S.-.) 

(Judge-Advocate,  or  proper  officer.) 


To ,  Pay ,  U.  S.  Navy  : 

Under  the  act  of  February  16,  1909,  you  are  hereby  directed  to  pay  mileage  and 
witness  fees  or  cost  of  travel  and  expenses  for  civilian  witness  whose  account  is  set 
forth  above  in  the  sum  of ($ ). 


-,  U.  S.  Navy,  Commanding. 


Paid  by  check  No. on  assistant  treasurer  at ,  dated ,  19 — ,  for 

$ in  favor  of . 


Pay ,  U.  S.  N. 


(Receipt  to  be  signed  only  when  payment  is  made  in  cash.) 

Received ,  19—,  of ,  Pay ,  U.  S.  Navy,  in  cash, 

dollars,  in  full  of  above  account. 


(Certified  copy  of  order  convening  the  court  must  be  attached  to  this  voucher.) 

Forms  furnished.— This  form  and  the  one  following  may  be  obtained  from  the  Bureau 
of  Supplies  and  Accounts. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 


69 


Vouclier   for   reimbursement   of  traveling   expenses,    civilian 
witness  in  government  employ. 

(General  Orders,  Nos.  12  and  31;  act  of  February  16, 1909,  sections  11  and  12.) 


The  United  States,  Navy  Department,  To 


,Dr. 


Address: 


For  reimbursement  of  traveling  expenses  incurred  in  attend- 
ance as  a  witness  before  the  court-martial  at 

,  from ,  19 — ,  to ,  19 — ,  in  accordance 

with  the  subpoena  which  is  attached  hereto  and  forms  a 
part  of  this  account— as  per  itemized  statement  herein 
set  forth 

Dollars. 

Cents. 

Amount  claimed           . .                                         .... 

I  solemnly  swear  that  the  above  account  and  schedule  annexed  are  just  and  true  in 
all  respects,  as  verified  by  a  memorandum  kept  by  me;  that  the  distances  as  charged 
have  been  actually  and  necessarily  traveled  on  the  dates  therein  specified;  that  the 
amounts  as  charged  have  been  actually  paid  by  me  for  traveling  expenses;  that  I 
have  not  and  will  not  receive,  directly  or  indirectly  from  any  person,  agency,  or  cor- 
poration any  sums  as  rebate  on  account  of  any  expenses  of  transportation  included  in 
this  account;  that  none  of  such  distances  for  which  charge  is  made  was  traveled  under 
any  free  pass  on  any  conveyance;  that  no  part  of  the  account  has  been  paid  by  the 
United  States,  but  the  full  amount  is  justly  due;  that  all  expenditures  included  in 
said  account  other  than  my  own  personal  traveling  expenses  were  made  under  urgent 
and  unforeseen  public  necessity,  and  that  it  was  not,  for  the  reasons  stated  herein, 
feasible  to  have  payment  made  for  such  expenditures  by  a  pay  officer  of  the  Navy 
Department.     So  help  me  God. 


Sworn  to  and  subscribed  before  me  at 

[L.  S.] 


on  this 


day  of 


19- 


,{U.S.-.) 

(Judge- Advocate,  or  proper  officer.) 


I  certify  that ,  a  civilian  in  government  employ,  has  been  in  attendance  as  a 

—  court-martial,  of  which  I  am ,  in  session  at , 


witness  before  the  — 
from  — — r-,  19 — ,  to 

from ,  and  that  he  was  ( 

for  ( )  this  journey. 


,  19 — ,  inclusive,  and  that  he  was  duly  summoned  thereto 
— )  furnished  transportation  by  the  Government 


,{U.S.-.) 

(Judge- Advocate,  or  proper  officer.) 


To 


Pay 


-,  U.S.  Navy. 


Under  the  act  of  February  16,  1909,  you  are  hereby  directed  to  pay  the  cost  of  travel 
and  expenses,  for  civilian  witness  whose  account  is  set  forth  above,  in  the  sum  of 
($ ). 


-,  U.  S.  Navy  J  Commanding. 


70                      PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 
Paid  by  check  No.  — ,  on  Assistant  Treasurer  at ,  dated ,  19 — ,  for 


in  favor  of 


Pay  . -,  U.  S.  N. 


(Receipt  to  be  signed  only  when  payment  is  made  in  cash.) 


Received 


19—,  of 


dollars,  in  full  of  above  account. 


Pay — — ,  U.  S.  N.,  in  cash, 


Witness. 
(Certified  copy  of  order  convening  the  court  must  be  attached  to  this  voucher.) 


Itemized  statement  of  traveling  expenses— and  other  expenses  incurred  under  stress  of  urgent 
or  unforeseen  public  necessity. 


T»r>fQ 

Character  of  expenditures. 

Sub- 
voucher 
No. 

Amount. 

Dollars. 

Cts. 

19— 

S^  Fill  in  form  on  this  voucher  showing  how  transpor- 
tation requests  were  used. 

Total  amount  claimed 

Memorandum  of  travel  performed  upon  transportation  requests. 


No.  of  trans- 
portation 
request. 

Date  of  travel. 

From— 

To- 

Via  R.  R. 

Dollars. 

Cts. 



1 

■ 

PEOCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  71 

INSTRUCTIONS    RELATIVE   TO   PAYMENT   OF  FEES    AND 
MILEAGE  TO  CIVILIAN  WITNESSES. 

1.  Payment  of  the  fees  and  mileage  of  civilian  witnesses  shall  be 
made  by  the  pay  officer  of  any  vessel,  or  at  a  yard  or  station  where 
there  is  no  receiving  ship,  by  the  paymaster  of  the  yard,  upon  receipt 
of  an  order  from  his  commanding  officer.  The  order  from  the  com- 
manding officer  must  be  accompanied  with  vouchers,  properly  sworn 
to  by  the  witness  and  certified  by  the  judge-advocate  or  recorder  of 
the  court,  or  by  the  deck  court  officer,  or  by  the  officer  before  whom 
the  witness  gives  his  deposition. 

2.  The  order  must  also  be  accompanied  by  a  copy  of  the  order 
convening  the  court,  certified  to  be  correct  by  the  judge-advocate  or 
recorder  of  the  court,  or  by  the  deck  court  officer,  or  by  the  officer 
before  whom  the  witness  gives  his  deposition. 

3.  In  case  a  witness  duly  subpoenaed  before  a  court-martial  or 
court  of  inquiry  refuses  to  appear  or  qualify  as  a  witness,  or  to  testify 
or  produce  documentary  evidence  as  required  by  law  (sec.  12,  act  of 
February  16,  1909,  35  Stat.,  621),  he  will  at  once  be  duly  paid  or 
tendered  his  fees  and  mileage  at  the  rates  provided  for  witnesses  in 
the  United  States  district  court  for  the  State,  Territory,  or  district  in 
which  such  naval  court  is  held,  and  such  witness  shall  then  again  be 
called  upon  to  comply  with  the  requirements  of  the  law.  The  fees  and 
mileage  of  civilian  witnesses  residing  beyond  the  limits  of  the  State, 
Territory,  or  district  in  which  the  court  is  held  shall  not  be  paid  in 
advance,  as  such  witnesses  can  not  be  punished  if  they  refuse  to  obey 
the  summons. 

4.  The  fees  and  mileage  above  referred  to  will  be  duly  paid  or 
tendered  by  the  judge-advocate,  recorder,  deck  court  officer,  or 
the  officer  before  whom  a  deposition  is  taken,  the  money  for  this 
purpose  to  be  supplied  by  such  pay  officer  as  may  be  designated, 
upon  the  written  order  of  the  senior  officer  present,  and  the  judge- 
advocate,  recorder,  deck  court  officer,  or  the  officer  before  whom 
a  deposition  is  taken,  receiving  the  money  for  the  purpose  named, 
shall  furnish  the  pay  officer  concerned  with  a  proper  receipt. 

5.  The  certificate  of  the  judge-advocate,  recorder,  deck  court 
officer,  or  officer  before  whom  a  deposition  is  taken  will  be  evidence 
of  the  fact  and  period  of  attendance  and  place  from  which  summoned, 
and  said  certificate  shall  be  made  on  the  voucher. 

6.  Upon  execution  of  the  certificate  the  witness  will  be  paid  upon 
his  discharge  from  attendance,  without  awaiting  performance  of  return 
travel.  The  charges  for  return  journeys  will  be  made  upon  the  basis 
of  the  actual  charges  allowed  for  travel  to  the  court,  or  place  desig- 
nated for  taking  a  deposition.     No  other  items  will  be  allowed. 

7.  Travel  must  be  estimated  by  the  shortest  usually  traveled 
route — by  established  lines  of  railroad,  stage,  or  steamer — the  time 


72  PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL. 

occupied  to  be  determined  by  the  official  scliedules,  reasonable  allow- 
ance being  made  for  unavoidable  detention. 

8.  If  no  pay  officer  be  present  at  the  place  where  the  court  sits,  the 
accounts,  properly  authenticated  as  above  directed,  shall  be  trans- 
mitted to  the  convening  authority  or  to  the  nearest  naval  station  to 
which  a  pay  officer  is  attached,  with  the  request  that  the  amount  be 
paid  by  check. 

9.  Accounts  of  civilian  witnesses  are  not  transferable. 

10.  Signature  of  witnesses  when  signed  by  mark  must  be  witnessed. 

11.  The  following  rates  for  civilian  witnesses  are  prescribed  by  law: 

(a)  A  civihan  not  in  government  employ,  duly  summoned  as  a 
witness  before  a  naval  court-martial  or  court  of  inquiry,  or  at  a  place 
where  his  deposition  is  to  be  taken  for  use  before  such  court,  will 
receive  $1.50  a  day  for  each  day  of  actual  attendance  for  such  purpose, 
and  5  cents  a  mile  from  place  of  residence  to  place  of  trial  or  taking 
deposition,  and  return,  except  as  follows : 

(b)  Porto  Rico  and  Cuba,  $1.50  a  day,  15  cents  a  mile  for  necessary 
travel  by  stage  or  private  conveyance  and  10  cents  by  railway  or 
steamship  line. 

(c)  Alaska,  east  of  one  hundred  and  forty-first  degree  west  longi- 
tude, $2  a  day  and  10  cents  a  mile;  west  of  that  degree,  $4  a  day 
and  15  cents  a  mile. 

(d)  Montana,  Wyoming,  Colorado,  New  Mexico,  Arizona,  Utah, 
Idaho,  Washington,  Oregon,  Nevada,  California,  $3  a  day,  15  cents  a 
mile  for  necessary  travel  by  stage  or  private  conveyance,  5  cents  by 
railway  or  steamship  line,  and  $3  a  day  for  the  time  necessarily 
occupied  in  such  travel. 

12.  Civilian  witnesses,  not  in  government  employ,  summoned  to 
attend  courts-martial  in  the  Philippine  Islands,  are  entitled  to  the 
per  diem  and  mileage  allowed  witnesses  in  attendance  upon  United 
States  courts,  i.  e.,  $1.50  per  day  for  each  day  in  attendance  on  the 
court,  and  5  cents  per  mile  for  the  distance  traveled  to  and  from  the 
court.  If  furnished  with  transportation  by  the  Government,  42.858 
per  cent  of  the  5  cents  per  mile  will  be  deducted  as  cost  of  transporta- 
tion furnished,  and  57.142  per  cent  allowed  for  subsistence  and  other 
expenses  of  the  witness. 

13.  An  employee  of  the  civil  government  of  the  Philippine  Islands, 
paid  from  insular  funds,  is  not  in  the  employ  of  the  Government  for 
the  purposes  of  payment  as  a  witness. 

14.  Civilians  in  the  employ  of  the  Government,  when  summoned 
as  witnesses,  shall  be  allowed  their  actual  expenses  for  travel  and 
subsistence  while  going  to  and  returning  from  the  court,  and  for 
actual  and  necessary  reasonable  expenses  for  board  and  lodging  while 
on  attendance  thereon.  If  the  court  is  in  session  at  the  place  where 
the  civilian  witness  in  the  employ  of  the  Government  is  stationed,  he 
shall  receive  no  allowance. 


PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  73 

Certificate  of  court  to  district  attorney  in  case  of  a  contuma- 
cious civilian  witness. 

Court-Martial  Room, 
Navy- Yard,  Brooklyn,  N.Y. 

June  — ,  19 — . 
The  United  States  District  Attorney  for  the  Southern  District  of  New  York, 

Sir:  A  naval  general  court-martial  was  convened  at  the  navy-yard,  New  York, 
situated  in  Brooklyn,  State  of  New  York,  by  an  order  of  the  Secretary  of  the  Navy  (or 

as  the  case  may  be) ;  a  certified  copy  of  said  order  is  hereto  appended,  marked  '* ;" 

also  certified  copies  of  subsequent  modifications  thereof  are  hereto  appended,  marked 

" "and" ." 

In  the  case  of  the  United  States  against ,  U.  S.  Navy,  transmitted  to  the 

court  by  a  letter,  certified  copy  hereto  appended,  marked  " ,"  a  material  witness 

for  the  prosecution  (defense),  L J.  B ,  residing  at ,  within  this  State 

(Territory  or  district),  was  duly  subpoenaed  to  appear  as  such  witness  before  said 
court-martial;   certified  copy  of  subpoena  (duces  tecum)  and  of  the  return  of  service 

thereon,  hereto  appended,  marked  " ." 

Upon  being  duly  sworn  as  a  witness  in  the  aforesaid  case,  and  in  the  course  of  his 

testimony  therein,  the  said  L J.  B was  asked  the  following  question  by 

counsel  for  the  defense  (judge-advocate):  Q.  *    *    *? 

The  witness  declined  to  answer  the  question,  and  was  paid  (tendered)  his  lawful 
fee  and  mileage.  He  was  then  cautioned  and  informed  as  to  the  penalty  for  persisting 
in  his  refusal  to  answer  the  said  question,  which  was  again  put  to  him.     The  witness 

again  declined  to  answer,  and  gave  the  following  reason  for  his  refusal:  " ." 

(Enter  reason  of  witness  in  extenso,  and  verbatim  if  possible.) 

The  foregoing  facts  are  certified  to  you  as  correct  for  your  action  thereon,  in  accord- 
ance with  the  provisions  of  section  12  of  the  act  of  February  16,  1909  (35  Stat.  L.,  621). 
By  order  of  the  court: 

A B.  C , 

Captain,  U.  S.  Navy,  President. 
Attest : 

V V.  W , 

First  Lieutenant,  U.  S.  Marine  Corps,  Ju^ge- Advocate. 

Object  of  certlflcate.— The  certification  of  facts  is  for  the  information  of  the  district 
attorney,  and  to  enable  him  to  prepare  the  proper  information  charging  the  witness 
with  the  offense  and,  except  in  two  cases  mentioned  below,  the  accuracy  and  pre- 
cision required  in  an  indictment  is  not  essential. 

Precise  question  set  out.— The  first  exception  referred  to  above  is  where  the  witness 
refuses  to  answer  a  question.  In  such  a  case  the  precise  question  propounded  to  him 
should  be  set  out,  likewise  the  reason,  if  any,  which  the  witness  gives  for  not  answering. 

Refusal  to  obey  subpoena  duces  tecum.— In  case  the  contumacy  is  in  the  refusal 
of  the  witness  to  produce  a  book,  paper,  or  document  the  second  exception  referred  to 
above  occurs.  In  such  a  case,  the  witness  having  been  subpoened  to  produce  such 
book,  etc.,  the  Ijook,  paper,  or  document  should  be  particularly  and  certainly  described 
and  identified,  w^hich  description  should  also  correspond  with  that  given  in  the  subpoena 
duces  tecum.  The  reason  for  the  refusal  of  the  witness  should  also  be  accurately  set 
forth. 

Substance  of  certificate.- The  certificate  should  contain  the  following  information: 
Copy  of  order  convening  court  with  copies  of  any  subsequent  modifications.  Copy  of 
subpoena  served  on  the  witness  showing  the  place  from  which  summoned  and  that 
such  place  was  within  the  State,  Territory,  or  district  within  which  the  court  is  held. 
Facts  as  to  (1)  neglect  to  appear,  (2)  refusal  to  appear,  (3)  refusal  to  qualify  as  a  witness, 
(4)  refusal  to  testify,  or  (5)  refusal  to  produce  documentary  evidence,  all  to  be  definitely 
but  succinctly  stated.  Also  a  statement  that  the  witness  was  paid  or  tendered  his 
lawful  fee  and  mileage. 

Further  information.— With  a  proper  observance  of  the  particularity,  accuracy,  and 
precision  in  the  two  cases  above  referred  to,  the  matter  indicated  in  the  foregoing  para- 
graph is  sufficient  to  meet  the  requirements  of  the  law.  Any  further  information  can 
readily  be  furnished  if  needed  by  the  district  attorney. 


74  PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL. 

Record  and  signature.— The  record  of  the  proceedings  shall  state  the  fa^s  relative 
to  any  case  of  contumacy,  and  that  the  court  has  ordered  the  facts  to  be  certified  to  the 
district  attorney.  The  formal  certificate  of  facts,  stating  that  it  is  made  "by  order  of 
the  court,"  will  be  sufficiently  signed  if  done  oflicially  by  the  president  of  the  court  and 
attested  by  the  judge-advocate. 

Copy  appended  to  record. 


Receipt  of  accused  for  copy  of  record. 

General  Court-Martial  Room, 
Navy- Yard,  Philadelphia,  Pa., 

May  1,  1909. 
I  hereby  acknowledge  the  receipt  of  a  copy  of  the  record  of  the  proceedings  of  my 
trial  by  general  court-martial,  held  this  date  (or  as  the  case  may  be.) 


Seaman,  U.  S.  Navy. 
Appended  to  record. 


Waiver  of  the  accused  of  the  right  to  copy  of  record. 

General  Court-Martial  Room, 
Navy- Yard,  Philadelphia,  Pa., 

May  1,  1909. 
Without  any  coercion  whatever,  I  hereby  waive  my  right  to  a  copy  of  the  record  of 
the  proceedings  of  my  trial  by  general  court-martial  held  this  date  (or  as  the  case  may 
be). 

A D.  B , 

Private,  U.  S.  Marine  Corps. 

Accused  entitled  to  copy  of  record.— Any  person  having  an  interest  in  the  record 
of  a  naval  court-martial  is  entitled  to  an  exemplified  copy,  after  the  proceedings  are 
consummated  by  proper  authority. 

Duty  of  judge-ad  vocate.— The  judge-advocate  shall  secure  from  the  accused  a  waiver 
of  his  right  to  a  copy  of  the  procedings,  or,  if  the  accused  desires  a  copy,  the  record  of 
proceedings  shall  be  made  in  duplicate  and  a  copy  furnished  him  at  the  time  of  his  trial. 

Finding,  sentence,  and  final  action.— The  finding,  sentence,  and  action  of  the 
convening  authority  shall  not  be  included  in  the  copy  furnished  to  the  accused;  he  may 
obtain  the  same,  however,  by  application  to  the  Department. 

Notation  on  cover  page.— The  fact  that  a  copy  of  the  record  has  been  furnished  the 
accused,  or  that  he  has  waived  his  right  thereto,  shall  be  noted  on  the  cover  page  of  the 
case. 

Waiver  or  receipt  appended.— The  waiver  of  the  right  to  a  copy  of  the  proceedings,  or, 
when  a  copy  is  furnished,  a  receipt  therefor  shall,  in  each  case,  be  the  last  document 
appended  to  the  record. 


Letter  informing  convening  authority  that  court  has  finished 
all  business  before  it. 

Court-Martial  Room, 
Navy- Yard,  New  York, 

June  — ,  1909. 
Sir:  I  have  the  honor  to  inform  you  that  the  general  court-martial  of  which  I  am 
president  has  finished  all  the  business  befora  it  and  has  adjourned  to  await  your  further 
instructions. 

Very  respectfully, 

A B.  C , 


Captain,  U.  S.  Navy,  President. 
The  Honorable  the  Secretary  of  the  Navy, 
Navy  Department,  Washington,  D.  C. 


PROCEEDINGS   OP  A  GENERAL  COURT-MARTIAL.  V5 

Order  dissolving  court. 

Navy  Department, 

Washington,  July  — ,  1909. 
Sir:  The  general  court-martial  of  which  you  are  president  is  hereby  dissolved. 
You  will  notify  the  other  members  of  the  court  and  the  judge-advocate  accordingly. 
Very  respectfully, 

0 L.  R , 

Secretary  of  the  Navy. 

Capt.  A B.  C ,  U.  S.  Navy, 

President  General  Court- Martial,  Navy-Yard,  New  York. 


Return  to  writ  of  habeas  corpus  by  a  United  States  court. 

U.  S.  S.  Franklin, 
Navy- Yard,  Norfolk,  Va., 

June  11,  1909. 

In  re  M P.  A ,  coal  passer,  U.  S.  Navy.^l 

Writ  of  habeas  corpus.     Return  of  respondent.  / 
To  the  Honorable  Court  {or  Judge): 

The  respondent,  Capt.  W X.  Y ,  U.  S.  Navy,  upon  whom  has  been 

served  a  writ  of  habeas  corpus  for  the  production  of  M P.  A ,  respectfully 

makes  return  and  states  that  he  holds  the  said  M P.  A by  authority  of 

the  United  States  as  a  coal  passer  in  the  United  States  Navy,  under  the  following 
circumstances: 

That  the  said  M P.  A was  duly  enlisted  as  a  coal  passer  in  the  United 

States  Navy  at  Boston,  Mass.,  on  May  12,  1909,  for  a  term  of  four  years. 

That  the  said  M P.  A deserted  said  United  States  Navy  at  Boston, 

Mass.,  on  May  17,  1909,  and  remained  absent  in  desertion  until  he  was  apprehended 

at  Norfolk,  Va.,  on  May  20,  1909,  by ,  and  was  thereupon  committed  to 

the  custody  of  the  respondent  as  commanding  officer  of  the  U.  S.  S.  Franklin  at  the 
navy-yard,  Norfolk,  Va. 

That  the  said  M— —  P.  A has  been  placed  in  confinement  (or  arrest,  as  the 

case  may  be)  charged  with  said  offense,  and  formal  charges  against  him  therefor  have 
been  preferred,  a  copy  of  which  is  hereto  annexed  (or  are  being  prepared),  and  that  he 
will  be  brought  to  trial  before  a  general  court-martial,  in  session  at  this  yard,  as  soon 
as  possible. 

In  obedience,  however,  to  the  said  writ  of  habeas  corpus  the  respondent  herewith 

produces  before  the  court  the  body  of  the  said  M P.  A ,  respectfully  refers 

to  the  decisions  cited  in  the  annexed  brief,  and  for  the  reasons  set  forth  in  this  return 
prays  this  honorable  court  to  dismiss  the  said  writ. 

W X.  Y , 

Captain,  U.  S.  Navy, 
Commanding  U.  S.  S.  Franklin. 

Var.  1.  (If  the  offense  is  fraudulent  enlistment,  omit  the  second 
and  third  paragraphs  above  and  substitute  the  following:) 

That  on  the  12th  day  of  May,  1909,  at  Boston,  Mass.,  the  said 

M P.  A ,  being  then  under  the  age  of  18  years,  did 

fraudulently  enlist  in  the  naval  service  of  the  United  States  for  the 
term  of  four  years,  by  falsely  representing  himself  to  be  over  18  years 
of  age,  to  wit,  21  years  and  2  months;  and  has,  since  said  enlistment, 
received  pay  and  allowances  thereunder. 


tG  PKOCEEDINGS  OP  A  GENERAL  COURT-MARTIAL. 

Var.  2.  (If  the  offense  is  fraudulent  enlistment  of  a  marine,  omit 
the  second  and  third  paragraphs  above  and  substitute  the  following:) 

That  on  the  12th  day  of  May,  1909,  at  Boston,  Mass.,  the  said 

,  being  then  a  minor,  did  fraudulently  enlist  in  the 

United  States  Marine  Corps  for  the  term  of  four  years,  by  falsely 
representing  himself  to  be  over  21  years  of  age,  to  wit,  22  years  and 
7  months;  and  has,  since  said  enlistment,  received  pay  and  allow- 
ances (or  either)  thereunder. 

Var.  3.  (If  the  party  is  held  as  a  general  court-martial  prisoner, 
after  reciting  his  offense  in  detail  appropriately  in  the  third  para- 
graph above,  omit  the  fourth  paragraph  and  substitute  therefor  the 
following:) 

That  the  said was  duly  arraigned  for  said  offense 

before  a  general  court-martial  by  an  order  of  the  Secretary  of  the 
Navy,  dated  June  4,  1909,  was  convicted  thereof  by  said  court,  and 

was  sentenced   to   be ,    which  sentence   was  duly 

approved  on  the day  of  June,  1909,  by  the  Secretary  of  the  Navy, 

as  required  by  article  53,  section  1624,  of  the  Revised  Statutes  of  the 
United  States.  A  copy  of  the  order  promulgating  said  sentence  is 
hereto  attached. 


Return  to  writ  of  habeas  corpus  by  a  State  court. 

In  re  A P.  M ,  private,  U.  S.  Marine  Corps. 

Writ  of  habeas  corpus.     Return  of  respondent. 

(^\llen  the  writ  issues  from  a  State  court,  the  return  is  made  in  the  same  manner  as 
to  a  United  States  court,  with  the  exception  of  the  concluding  paragraph,  which 
should  be  in  the  following  form:) 
And  the  said  respondent  further  makes  return  that  he  has  not  produced  the  body  of 

the  said  A P.  M ,  because  he  holds  him  by  authority  of  the  United  States 

as  above  set  forth,  and  that  this  court  {or,  your  honor,  as  the  case  may  he)  is  without 
jurisdiction  in  the  premises,  and  he  respectfully  refers  to  the  decisions  of  the  Supreme 
Court  of  the  United  States  in  Ableman  v.  Booth  (21  Howard,  506),  and  Tarble's  case 
(13  Wallace,  397),  as  authority  for  his  action,  and  prays  this  court  {or,  your  honor)  to 
dismiss  the  writ. 

W X.  Y , 

Captain,  U.  S.  Navy, 
Commanding  U.  S.  S.  Franklin. 

Retnrn  to  writ  by  United  States  court.— The  return  to  a  writ  of  habeas  corpus 
issued  by  a  United  States  court  shall  be  made  in  accordance  with  the  first  of  the  forms 
given  above,  and  will  refer,  as  in  last  paragraph  thereof,  to  the  brief  of  authorities  which 
follows  these  instructions,  and  a  copy  of  that  brief  shall  be  annexed  to  the  return. 

If  dischai^e  ordered,  appeal  noted.— Should  the  court  order  the  discharge  of  the 
party,  the  officer  making  the  return,  or  counsel,  should  note  an  appeal  i)ending  instruc- 
tions from  the  Navy  Department,  and  he  shall  report  to  the  Judge-Advocate-General  of 
the  Navy  the  action  taken  by  the  court  and  forward  a  copy  of  the  opinion  of  the  court  as 
soon  as  it  can  be  obtained. 

Return  to  writ  by  State  court.— The  return  to  a  writ  issued  by  a  State  court  shall  be 
made  in  accordance  with  the  second  of  the  forms  given  above,  but  a  copy  of  the  brief  of 
authorities  is  not  intended  to  be  attached  to  the  return  to  the  writ  of  habeas  corpus 
issuing  from  a  State  court. 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  77 

Brief  to  be  filed  with  return  to  a  writ  of  habeas  corpus 
Issued  by  a  United  States  court  in  case  the  discharge  of 
an  enlisted  man  of  the  navy  is  sought  under  section  1419, 
or  that  of  a  marine  under  section  1117,  of  the  Revised 
Statutes. 

If  a  minor  between  the  ages  of  14  and  18  years  claims  to  be  over  18  years  of  age 
and  enlists  in  the  navy  without  the  consent  required  by  section  1419,  Revised 
Statutes,  as  amended  by  the  act  of  February  23,  1881  (21  Stats.,  338),  or  if  a  minor 
16  years  old  or  over  claims  to  be  21  years  of  age  or  over  and  enlists  in  the  Marine 
Corps  without  the  consent  required  by  section  1117,  Revised  Statutes,  the  contract 
of  such  enlistment  is  not  voidable  by  the  minor,  nor  by  his  parents  or  guardian,  if 
at  the  time  of  the  filing  of  the  petition  the  enlisted  minor  is  held  in  pursuance  of  a 
sentence  of  a  court-martial,  or  any  step  has  been  taken  with  a  view  to  bringing  him 
before  such  court. 

1.  Contract  not  Voidable  by  Minor. 

(a)  When  the  party  is  not  in  confinement. — United  States  ex  rel.  Wagner  v.  Gibbon. 
(24  Fed.  Rep.,  135.)  In  this  case  Wagner,  becoming  "tired  of  the  service,"  sought 
his  discharge  from  the  army  "  solely  on  the  ground  of  minority  at  the  time  of  enlist- 
ment." This  the  court  refused  to  grant,  holding  that  section  1117,  Revised  Statutes, 
"was  made  for  the  exclusive  benefit  of  parents  and  guardians,"  and  that,  quoting 
from  the  syllabus: 

A  minor  over  16  years  of  age,  who  at  the  time  of  his  enlistment  makes  affidavit 
that  he  is  21  years  of  age,  will  not,  on  his  own  application,  be  released  on  habeas 
corpus  on  the  ground  that  he  was  a  minor  at  the  time  of  his  enlistment,  and  that  the 
written  consent  of  his  guardian  was  not  obtained. 

(b)  When  the  party  is  in  confinement. — In  re  Morrissey  (137  U.  S.,  157);  In  re  Grim- 
ley  (137  U.  S.,  147);  In  re  Wall  (8  Fed.  Rep.,  85);  In  re  Davison  (21  Fed.  Rep., 
618);  In  rg  Zimmerman  (30  Fed.  Rep.,  176);  In  re  Hearn  (32  Fed.  Rep.,  141);  In  re 
Spencer  (40  Fed.  Rep.,  149);  In  re  Lawler  (40  Fed.  Rep.,  233);  Solomon  v.  Daven- 
port (87  Fed.  Rep.,  318). 

In  the  Morrissey  case  the  Supreme  Court  of  the  United  States  settles  this  beyond 
question.  Morrissey,  a  minor  of  17  years  of  age,  enlisted  without  the  consent  of  his 
mother,  who  was  living.  He  deserted,  remained  in  concealment  until  he  attained 
his  majority,  and  then  presented  himself  before  a  recruiting  officer  and  demanded 
his  discharge  from  the  army  on  the  ground  that  he  was  a  minor  when  enlisted.  The 
court  said  that  the  provision  of  section  1117,  Revised  Statutes — 

is  for  the  benefit  of  the  parent  or  guardian,  *  ^«-  *  but  it  gives  no  privilege  to 
the  minor.  *■»«■*  An  enlistment  is  not  a  contract  only,  but  effects  a  change  of 
status.  It  is  not,  therefore,  like  an  ordinary  contract,  voidable  by  the  infant. 
*  *  *  The  contract  of  enlistment  was  good  so  far  as  the  petitioner  is  concerned. 
He  was  not  only  de  facto,  but  de  jure,  a  soldier — amenable  to  military  jurisdiction. 

All  the  cases  cited  are  instructive  as  illustrative  of  the  different  circumstances 
under  which  this  principle  has  been  declared. 

In  the  Lawler  case  the  deserter  was  arrested  and  "held  as  such  awaiting  trial, 
which  will  be  as  soon  as  a  court-martial  can  be  convened  and  organized  for  that 
purpose." 

In  the  case  of  Solomon  v.  Davenport,  the  deserter  was  held  by  a  sheriff  under  a 
warrant  of  a  United  States  commissioner. 

In  the  Spencer  case  the  court  said: 

The  authorities  which  have  been  read  to  me  seem  to  establish  very  conclusively 
this  rule — that  the  enlistment  of  a  minor  is  voidable,  not  necessarily  void;  and  that 
he  does  really  become  by  such  enlistment,  although  under  age,  engaged  in  the 
service  of  the  United  States,  and  subject  to  the  power  and  jurisdiction  of  the  military 
authorities;  and,  such  being  the  case,  the  court-martial  had  jurisdiction  to  arrest 
and  try  him  for  the  charge  of  desertion. 


78  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

2.  Contract  not  Voidable  by  Parents  or  Guardians  if  the  Party  is  Held 
Pursuant  to  a  Sentence  of  a  Court-Martial  or  if  any  Step  has  been 
Taken  with  a  View  to  Bringing  Him  Before  such  Court. 

In  re  Kaufman  (41  Fed.  Rep.,  876);  In  re  Dohrendorf  et  al.  (40  Fed.  Rep.,  148); 
In  re  Cosenow  (37  Fed.  Rep.,  668);  In  re  Dowd  (90  Fed.  Rep.,  718);  In  re  Miller 
(114  Fed.  Rep.,  838);  U.  S.  v.  Reaves  (126  Fed.  Rep.,  127);  In  re  Lessard  (134  Fed. 
Rep.,  305);  Ex  parte  Anderson  (16  Iowa,  595);  McConologue's  case  (107  Mass.,  170). 

In  the  Kaufman  case,  the  father  sought  the  discharge  of  his  son,  who  was  held  by 
the  military  authorities  and  had  been  ordered  before  a  military  court  for  trial  as  a 
deserter.     Quoting  from  the  syllabus: 

A  minor  who  enlists  in  the  United  States  Army  upon  his  representation  that  he  is 
of  age  and  receives  pay  and  clothing,  and  afterwards  deserts  and  is  arrested  as  a 
deserter,  and  at  the  time  of  his  petition  is  held  by  the  United  States  awaiting  trial 
by  a  court-martial  for  the  crime  of  desertion,  will  not  be  released  under  a  writ  of 
habeas  corpus  upon  the  ground  that  being  a  minor  his  enlistment  was  unlawful  and 
contrary  to  the  Revised  Statutes  of  the  United  States. 

In  the  Cosenow  case  the  minor  swore  that  he  was  21  years  and  7  months  old  at  the 
time  of  enlistment.  He  deserted,  and  at  the  time  of  the  filing  of  the  petition  was 
held  in  custody  awaiting  action  of  the  reviewing  authority  on  the  proceedings  of  the 
court-martial.  His  father  sought  the  discharge  of  his  son  on  the  ground  of  infancy 
at  the  time  of  enlistment.  The  court  refused  to  discharge  him,  holding  that  ''an 
enlistment  contrary  to  law  is  not  void,  but  voidable;"  that  the  court-martial  had 
jurisdiction  of  the  offense,  and  the  soldier  "  must  be  remanded  to  await  the  result  of 
his  trial." 

The  Dowd  case  arose  on  the  application  of  the  mother  for  the  release  of  her  son, 
who  was  held  under  sentence  of  a  summary  court.  The  court  held,  quoting  from 
the  syllabus: 

The  enlistment  of  a  minor  in  the  army  without  the  consent  of  his  parents  or  guardian, 
required  by  Revised  Statutes,  section  1117,  is  not  void,  but  voidable  only,  and  while 
he  remains  in  the  service  under  such  enlistment  the  minor  is  amenable  to  the  Articles 
of  War,  and  can  not  be  remanded  to  the  custody  of  his  parents  by  a  civil  court  on  a 
writ  of  habeas  corpus  while  undergoing  a  sentence  imposed  on  him  by  a  court-martial 
for  a  violation  of  such  articles. 

In  the  Anderson  case  it  appears  that  a  minor  enlisted  without  his  father's  consent, 
and,  being  held  for  trial  before  a  court-martial  for  desertion,  his  father  sought  his 
discharge  on  habeas  corpus.  The  court  refused  to  discharge  the  soldier,  saying  *'he 
must  abide  by  the  decision  of  the  latter  court  (court-martial)  before  the  question  of 
the  validity  of  his  enlistment  can  be  determined  in  the  civil  courts  on  habeas  corpus. ^^ 

In  McConologue's  case  the  court  said: 

The  minor's  contract  of  enlistment  is  indeed  voidable  only  and  not  void,  and  if, 
before  a  writ  of  habeas  corpus  is  sued  out  to  avoid  it,  he  is  arrested  on  charges  of  deser- 
tion, he  should  not  be  released  by  the  court  while  proceedings  for  his  trial  by  the 
military  authorities  are  pending. 

By  the  act  of  March  3,  1893  (27  Stats.,  716),  "fraudulent  enlistment  in  the  navy, 
and  the  receipt  of  any  pay  or  allowance  thereunder,  is  *  *  *  declared  an  offense 
against  naval  discipline  and  made  punishable  by  general  court-martial,  under  article 
22  of  the  Articles  for  the  Government  of  the  Navy."  A  minor  under  the  age  of  18  in 
the  Navy  or  of  21  in  the  Marine  Corps  who  procures  his  enlistment  by  representing 
himself  to  be  over  those  ages,  respectively,  and  receives  pay  or  allowance  there- 
under, commits  this  offense,  and  the  statute  authorizes  his  punishment  therefor. 

In  general  it  may  be  stated  that  where  a  minor  has  committed  a  military  offense 
the  interests  of  the  public  in  the  administration  of  justice  are  paramount  to  the  right 
of  the  parent  and  require  that  the  enlisted  person  shall  abide  the  consequences  of  his 
offense  before  the  right  to  his  discharge  be  passed  upon.  (Dig.  Opins.  J.  A.  G.  Army, 
McCIure,  1901,  sees.  1258,  1264,  and  notes.) 


PROCEEDINGS   OF   A  GENERAL  COURT-MARTIAL.  79 

The  enlisted  person  should  not  be  allowed  to  escape  punishment  for  his  offense, 
even  though  his  parents  assert  their  right  to  his  services.  A  minor  in  civil  life  is 
liable  to  punishment  for  a  crime  or  misdemeanor,  even  though  his  confinement  may 
interfere  with  the  rights  of  his  parents.  In  the  case  of  In  re  Miller  (114  Fed.  Rep., 
838)  it  was  held  that  a  minor  16  years  old  or  over  "enlisting  without  the  consent  of 
his  parents,  on  representation  that  he  is  of  age,  becomes  a  soldier  amenable  to  mili- 
tary jurisdiction  for  military  offenses,  and  subject  to  release  from  service  only  on 
application  from  his  parents,  who  can  not  prevent  his  court-martial  for  past  military 
offenses.^'     In  the  opinion  of  the  court  (p.  842)  it  is  said: 

The  common  law,  unaided  by  statute,  fully  recognized  the  parents'  rights  to  the 
custody  and  services  of  their  minor  child;  but  it  has  never  been  held  that  they  could, 
by  the  writ  of  habeas  corpus  or  otherwise,  obtain  his  custody  and  his  immunity  when 
he  was  held  by  an  officer  of  a  civil  court  of  competent  jurisdiction  to  answer  a  charge 
of  crime.  His  enlistment  having  made  the  prisoner  a  soldier  notwithstanding  his 
minority  he  is  answerable  to  the  military  law  just  as  the  citizen  who  is  a  minor  is 
answerable  to  the  civil  law.  The  parents  can  not  prevent  the  law^s  enforcement  in  either 
case.    *    *    * 

These  views  were  cited  with  approval  in  United  States  v.  Reaves  (126  Fed.  Rep., 
127),  where,  upon  full  consideration  of  the  authorities,  the  circuit  court  of  appeals 
remanded  Reaves,  a  minor  who  had  deserted  from  the  navy,  to  the  custody  of  the 
naval  authorities  as  represented  by  the  chief  of  police  who  had  apprehended  him. 

In  a  recent  case  in  the  United  States  district  court  for  the  eastern  district  of  Penn- 
sylvania, October  session,  1908,  No.  464,  the  father  sought  to  obtain  the  minor's 
release  on  the  ground  that  the  enlistment  was  not  only  voidable,  but  wholly  void. 
It  was  argued  that  the  father's  consent  was  obtained  by  a  false  representation,  the 
recruiting  ofiicer  ha^dng  declared  that  the  minor  was  to  be  enlisted  as  a  "landsman 
for  electrician,"  v/hereas  he  was  actually  enlisted  as  an  "apprentice  seaman;"  and 
that  the  conduct  of  the  officer  nullified  the  father's  formal  consent,  thus  making  the 
minor's  enlistment  absolutely  void  and  giving  him  the  right  to  quit  the  service  when- 
ever he  pleased  without  exposing  himself  to  punishment  as  a  deserter.    The  court  said : 

But  I  do  not  think  that  this  argument  can  be  allowed  to  prevail  in  the  face  of  several 
authoritative  decisions  of  the  federal  courts.  *  *  *  The  Government  contends 
that  as  no  such  steps  (to  obtain  release)  were  taken  until  January  9,  1909,  when  the 
son  had  passed  the  age  of  20  years  and  moreover  was  in  confinement  under  sentence 
for  desertion,  the  present  writ  can  not  be  maintained.  This  position,  I  think,  is 
sound.  The  enlistment  of  the  minor  was  not  void,  whether  his  father  validly  con- 
sented or  not.  So  far  as  he  himself  was  concerned  it  was  legally  binding.  *  *  * 
It  follows  that  the  present  proceeding  must  be  dismissed. 


REGULATIONS  AND  INSTRUCTIONS  FOR  DRAWING 
UP  CHARGES  AND  SPECIFICATIONS. 


8483—10 6  81 


REGULATIONS  AND  INSTRUCTIONS 

FOR 

Drawing  up  Charges  and  Specifications. 


Charges  and  specifications  to  he  succinct. — In  drawing  up  the  charges 
and  specifications,  all  extraneous  matter  is  to  be  carefully  avoided, 
and  nothing  shall  be  alleged  but  that  which  is  culpable  and  which  the 
prosecution  is  prepared  to  substantiate  before  a  court-martial. 

Different  offenses  the  subject  of  distinct  charge  and  specification. — 
Offenses  of  a  perfectly  distinct  nature  must  not  be  included  in  one  and 
the  same  charge  and  specification  of  a  charge,  but  each  offense  of  a 
different  kind  shall  be  the  subject  of  a  distinct  charge  and  specification. 

Not  necessary  to  refer  to  statute  or  article. — It  is  not  necessary  to 
specify  in  a  charge  that  an  offense  was  committed  in  breach  of  any 
particular  statute,  or  article  of  the  Articles  for  the  Government  of  the 
Navy,  but  whenever  the  allegation  comes  directly  under  any  enact- 
ment it  shall  be  set  forth  in  the  terms  used  therein. 

Offenses  not  specially  provided  for,  how  charged. — When  an  offense 
is  a  neglect  or  disorder  not  specially  provided  for,  it  shall  be  charged 
as  ''scandalous  conduct  tending  to  the  destruction  of  good  morals," 
or  ''conduct  to  the  prejudice  of  good  order  and  discipline." 

No  figures  or  abbreviations. — No  part  of  the  charges  or  specifica- 
tions shall  be  in  figures;  all  numbers,  dates,  proper  names,  titles, 
and  the  like  must  be  written  at  length  and  without  abbreviation, 
except  that  Christian  names  other  than  the  first  may  be  indicated 
by  initial  letters. 

Intent  should  be  expressed  by  technical  word  prescribed. — In  cases 
where  the  law  has  adopted  certain  expressions  to  show  the  intent 
with  which  an  offense  is  committed  the  intent  shall  be  expressed  by 
the  technical  word  prescribed,  as  "wilfully,"  "knowingly,"  "felo- 
niously," "corruptly,"  "maliciously,"  "intentionally,"  "wrong- 
fully," etc.  Certain  of  the  foregoing  words  appear  in  the  Articles 
for  the  Government  of  the  Navy,  and  should  be  used  to  fully  express 
the  offense  charged.  For  example,  a  charge  made  against  an  officer 
for  making  or  for  signing  a  false  muster  must  be  laid  to  have  been 

83 


84  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

done  ''knowingly."  And  when  an  offense  may  be  punished  by  im- 
prisonment in  a  state  prison  or  in  a  penitentiary,  ''feloniously"  may 
be  used  correctly  to  describe  the  intent. 

If  higher  criminality  attaches  to  acts  under  particular  circumstances. — 
In  all  cases  in  which  the  law  attaches  higher  criminality  to  acts  com- 
mitted under  particular  circumstances  the  act  must,  to  bring  the 
person  within  the  higher  degree  of  punishment,  be  charged  to  have 
been  committed  under  those  circumstances,  which  must  be  stated 
with  certainty  and  precision.  For  instance,  by  clauses  6  and  7, 
article  4,  Articles  for  the  Government  of  the  Navy,  the  penalty  of 
death  shall,  in  time  of  war,  be  inflicted  for  desertion,  betrayal  of 
trust,  or  enticing  others  to  commit  these  crimes;  in  a  charge,  there- 
fore, under  one  of  those  clauses  it  must  be  laid  that  the  offense  was 
committed  in  time  of  war. 

The  specifications  of  each  charge,  one  or  more,  must  he  brief  clear, 
and  explicit. — The  facts,  circumstances,  and  intent  constituting  the 
offense  must  be  set  forth  with  certainty  and  precision,  and  the  ac- 
cused charged  directly  and  positively  with  having  committed  it. 

Certain  as  to  the  party  accused. — He  must  be  described  by  his  title 
and  rank,  or  rating.  Christian  name  and  surname  written  at  full 
length,  with  the  addition  of  his  vessel  or  service  at  the  time  the 
offense  with  which  he  is  charged  took  place. 

Certain  as  to  time. — The  time  when  the  alleged  offenses  occurred 
should  be  set  forth  minutely  and  precisely.  Should  an}^  doubt  exist 
with  regard  to  the  time,  it  may  be  set  forth  in  the  specification  that 
the  act  was  committed  "on* or  about"  such  a  time,  but  the  limitation 
as  to  date  must  embrace  a  reasonable  time  only. 

Certain  as  to  place. — The  place  where  the  alleged  offenses  occurred 
should  be  set  forth  minutely  and  precisely.  Should  any  doubt  exist 
as  to  the  place,  it  may  be  set  forth  in  the  specification  that  the  act 
was  committed  "at  or  near"  such  a  place.  But  when  the  geograph- 
ical position  of  a  ship  is  not  material  to  a  complete  description  of  the 
offense,  such  as  the  theft  of  another's  clothing  or  any  other  act  com- 
mitted wholly  on  board,  such  particular  geographical  position  need 
not  be  specified. 

Certain  as  to  the  person  against  whom  the  offense  was  committed. — 
In  the  case  of  offenses  against  the  person  or  property  of  individuals 
the  Christian  name  and  surname,  with  the  rank  and  station  or  duty 
of  such  person,  if  he  have  any,  must  be  stated  at  length,  if  known. 
If  not  known,  the  party  injured  must  be  described  as  a  "person 
unknown." 

Certain  as  to  facts,  circumstances,  and  intent,  if  last  is  an  essential 
ingredient. — It  is  not  sufficient  that  the  accused  be  charged  generally 
with  having  committed  an  offense,  as,  for  instance,  with  habitual  vio- 
lation of  orders  or  neglect  of  duty,  but  the  particular  acts  or  circum- 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  85 

Stances  constituting  such  offenses  must  be  distinctly  set  forth  in  the 
specification. 

What  to  he  set  forth  in  case  of  perjury  hefore  court-martial. — In 
prosecutions  for  perjury  committed  on  examination  before  a  naval 
general  court-martial,  or  for  the  subornation  thereof,  it  shall  be  suffi- 
cient to  set  forth  the  offense  charged  on  the  defendant,  without  set- 
ting forth  the  authority  by  which  the  court  was  held,  or  the  particular 
matters  brought  before,  or  intended  to  be  brought  before,  said  court. 
(Sec.  1023,  R.  S.)  The  specification  must  include  direct  and  specific 
allegations  negativing  the  truth  of  the  alleged  false  testimony,  together 
with  affirmative  averments  setting  up  the  truth  by  way  of  antithesis. 
Written  instruments,  when  set  out  verbatim. — Written  instruments, 
or  such  portions  thereof  as  form  part  of  the  gist  of  the  offense  charged, 
must  be  set  out  verbatim,  with  care  and  accuracy. 

When  substance  of  written  instrument  only  set  out. — When  the  sub- 
stance only  is  intended  to  be  set  out,  it  should  be  introduced  by  the 
words  ''in  substance  as  follows."  The  word  ''tenor"  implies  that 
a  correct  copy  is  set  out. 

Particular  words,  how  set  out. — Where  particular  words  form  the 
gist  of  the  offense  they  must  be  set  forth  with  particularity  or  de- 
clared to  be  of  like  meaning  and  purport.  Where  the  language  is 
profane  or  obscene  its  nature  may  be  indicated  only  in  general  and 
becoming  terms. 

Theft. — In  drawing  up  a  specification  to  support  the  charge  of 
theft  care  should  be  taken  to  state,  at  least  approximately,  the 
value  of  the  articles  alleged  to  have  been  stolen. 

Incompetency. — When  incompetency  is  alleged  it  is  essential  to 
set  forth  the  particular  acts  or  neglects  upon  which  the  specification 
is  based. 

Intoxicants  or  drugs  in  possession. — When  the  offense  is  having 
intoxicants  or  drugs  in  possession  it  must  be  alleged  that  the  posses- 
sion was  "unlawful." 


SPECIMEN  CHARGES  AND  SPECIFICATIONS. 


87 


Specimen  Charges  and  Specifications. 


CHARGE.— Absence  from  command  without  leave. 

Specification. — In  that  Commander ,  United  States  Navy,  having  been 

theretofore  regularly  assigned  to  and  placed  in  command  and  being  then  in  com- 
mand of  the  United  States  ship ,  in  the  harbor  of  — — — , ,  did,  on  or 

about  the  fifteenth  day  of  March,  nineteen  hundred  and  nine,  absent  himself  from 
his  said  command  and  station  without  leave  from  proper  authority,  and  did  proceed 
to  Washington,  in  the  District  of  Columbia,  at  which  latter  place  the  said  Com- 
mander   arrived  on  or  about  the  second  day  of  April,  nineteen  hundred  and 

nine. 

CHABGE. — Absence  from  station  and  duty  after  leave  had  expired. 

Specification. — In  that ,  an  assistant  surgeon  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  was,  on  or  about  the  nineteenth  day  of  June,  nineteen  hundred 

and  nine,  absent  from  his  station  and  duty  on  board  said  ship  after  his  leave  had 
expired,  and  did  remain  absent  therefrom,  without  permission  from  proper 
authority,  for  a  period  of  about  twenty-four  hours. 

Specification. — In  that  the  said ,  a  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  having  been  granted  leave  of  absence  from  said  ship  for  a  period 

of  four  days  from  the  seventeenth  day  of  July,  nineteen  hundred  and  eight,  did, 
without  permission  from  proper  authority,  remain  absent  from  his  said  station  and 
duty  for  a  period  of  about  six  days  after  his  said  leave  had  expired. 

Specification. — In  that ,  a  chief  machinist's  mate  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  ship  Franklin,  at  the 
navy-yard,  Norfolk,  Virginia,  having,  while  attached  to  and  serving  on  board 
the  United  States  ship  Maine,  at  Hampton  Roads,  Virginia,  to  which  ship  he  had 
been  regularly  assigned,  been  granted  leave  of  absence,  to  expire  on  the  seven- 
teenth day  of  April,  nineteen  hundred  and  nine,  did  fail  to  return  to  his  station 
and  duty  on  board  said  ship  Maine  upon  the  expiration  of  said  leave  of  absence, 
as  it  was  his  duty  to  do,  and  has  ever  since  remained  absent  without  leave  from 
said  ship  Maine;  and  did  surrender  himself  on  board  the  said  ship  Franklin,  at 
the  navy-yard  aforesaid,  on  the  fifteenth  day  of  May,  nineteen  hundred  and  nine. 

CHABGE. — Absence  from  station  and  duty  without  leave. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  on  or  about  the  twentieth  day  of  April,  nineteen  hundred  and  nine, 


without  permission  from  proper  authority,  absent  himself  from  his  station  and 
duty  on  board  said  ship,  and  did  remain  absent  therefrom,  without  leave,  until 
the  twenty-sixth  day  of  April,  in  the  year  aforesaid. 

89 


90  PROCEEDINGS  OF  A  GENERAL  COtTRT-MARTlAL. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  did,  at  about  nine  hours  and  thirty  minutes  antemeridian,  on 

the  thirtieth  day  of  August,  nineteen  hundred  and  eight,  absent  himself  from 
his  station  and  duty  on  board  said  ship  without  leave  from  proper  authority, 
and  did  remain  so  absent  until  about  two  hours  and  thirty  minutes  postmeridian 
on  the  day  above  mentioned. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  did,  on  or  about  the  seventh  day  of  September,  nineteen  hundred 

and  eight,  absent  himself  from  said  ship  without  leave  from  proper  authority, 
and  did  remain  so  absent  until  the  twenty-sixth  day  of  the  month  aforesaid. 

Specification. — Inthat ,  afireman,  second  class,  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship  Philadelphia,  at  the 
navy-yard,  Puget  Sound,  Washington,  did,  on  or  about  the  fifteenth  day  of 
August,  nineteen  hundred  and  nine,  absent  himself  from  his  station  and  duty  on 
board  the  United  States  ship  Pennsylvania,  at  the  navy-yard  aforesaid,  to  which 
ship  he  head  been  regularly  assigned,  without  leave  from  proper  authority,  and 
has  ever  since  remained  so  absent,  and  did  surrender  himself  on  board  said  ship 
Philadelphia,  at  the  navy-yard  aforesaid,  on  the  twenty-first  day  of  August, 
nineteen  hundred  and  nine. 

CHABGE.— Assault. 

Specification. — In  that ,  a  carpenter  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  on  or  about  the  twenty-third  day  of  June,  nineteen  hundred  and 

nine,   in  the  city  of  ,   ,   wilfully  and  maliciously,   and  without 

justifiable  cause,  assault  Lieutenant ,  United  States  Navy. 

CHABGE. — Assaulting  and  attempting  to  kill  another  person  in  the  service. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  the  thirty-first  day  of  August,  nineteen  hundred  and  eight,  wilfully  and 
maliciously,  and  without  justifiable  cause,  assault  and  attempt  to  kill  Private 
,  United  States  Marine  Corps,  attached  to  said  barracks. 

CHABGE. — Assaulting  and  striking  another  person  in  the  navy. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  off , ,  did,  on 

or  about  the  twenty-fourth  day  of  May,  nineteen  hundred  and  nine,  wilfully  and 
maliciously,  and  without   justifiable   cause,  assault,  strike,  beat,  and  illtreat 

,  a  fireman,  second  class,  in  the  United  States  Navy,  who  was  then  on 

duty  in  the  fireroom  on  board  said  ship. 

CHABGE. — Assaulting  and  striking  another  person  in  the  service. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

undergoing  confinement,  in  accordance  with  the  sentence  of  a  general  court- 
martial,  at  the  naval  prison,  navy  yard, , ,  did,  at  or  about  five  hours 

and  thirty  minutes  antemeridian,  on  the  sixteenth  day  of  February,  nineteen 
hundred  and  eight,  wilfully  and  maliciously,  and  without  justifiable  cause, 

assault  and  strike ,  private.  United  States  Marine  Corps,  who  was 

also  in  confinement  at  said  prison. 


PROCEEDINGS  OF  A  GEKERAL  COURT-MARTIAL.  91 

CHARGE. — Assaulting  and  striking  his  superior  officer. 

Specification. — In  that ,  a  fireman,  first  class,  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  did,  at  about  eight  hours  and  forty  minutes  antemeridian,  on 

the  seventh  day  of  March,  nineteen  hundred  and  nine,  in  the  city  of , 

wilfully  and  maliciously,  and  without  justifiable  cause,  assault  and  strike  his 
superior  officer,  Lieutenant ,  United  States  Navy. 

S-pedfication. — In  that ,  a  fireman,  first  class,  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at , , 

did,  on  the  thirtieth  day  of  June,  nineteen  hundred  and  eight,  wilfully  and  mali- 
ciously, and  without  justifiable  cause,  assault  and  strike ,  coxswain, 

United  States  Navy,  attached  to  said  vessel,  who  was  then  and  there  in  the  execution 
of  the  duties  of  his  office. 

CHARGE. — Assaulting  and  striking  his  superior  officer  while  in  the  execution  of  the 
duties  of  his  office. 

Specification. — In  that ,  a  lieutenant  of  the  junior  grade  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States 'ship ,  did, 

at  or  about  eight  hours  and  thirty  minutes  postmeridian,  on  the  fifth  day  of 
April,  nineteen  hundred  and  nine,  while  said  ship  was  lying  at  anchor  in  the 

harbor  of , ,  and  in  the  wardroom  of  said  ship,  when  his  superior 

officer,  Lieutenant-Commander ,  United  States  Navy,  the  executive 

officer  of  said  ship,  ordered  him,  the  said ,  to  prepare  a  report  of 

wilfully  and  maliciously,  and  without  justifiable  cause,  assault  and  strike  the 

said  Lieutenant-Commander ,  the  executive  officer  of  said  ship,  who  was 

then  and  there  in  the  execution  of  the  duties  of  his  office. 

Specification. — In  that ,  a  coal  passer  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship  ,  at , ,  did, 

between  the  hours  of  ten  and  eleven  postmeridian  on  the  first  day  of  July,  nine- 
teen hundred  and  nine,  on  board  said   ship,  wilfully  and  maliciously  assault 

,  master  at  arms,  first  class.  United  States  Navy,  and  did  then  and 

there,  without  justifiable  cause,  strike  said ,  who,  in  the  discharge  of 

his  duties,  was  searching  the  said by  order  of  Lieutenant 

,  United  States  Navy,  the  executive  officer  of  said  ship. 

CHARGE. — Assaulting  with  a  deadly  weapon  and  wounding  another  person  in  the 
navy. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  Honolulu,  Territory  of 

Hawaii,  did,  on  the  fourth  day  of  July,  nineteen  hundred  and  nine,  in  the  Park 
Saloon  in  said  city,  wilfully  and  maliciously,  and  without  justifiable  cause, 

assault  and  stab  with  a  knife  or  other  sharp  instrument, ,  an  ordinary 

seaman  in  the  United  States  Navy,  attached  to  and  serving  on  board  the  United 
States  ship ,  at  Honolulu,  Territory  of  Hawaii. 

CHARGE. — Assault  with  intent  to  commit  rape. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps,  attached 

to  and  serving  at  the  marine  barracks,  navy-yard,  ,  ,  did,  on  or 

about  the  ninth  day  of  March,  nineteen  hundred  and  nine,  at  the  said  navy-yard, 

feloniously,  forcibly,  and  against  her  will,  assault  one ,  with  intent 

to  commit  the  crime  of  rape  upon  her,  the  said . 


02  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

CHAB6E.— Attempting  to  desert. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at , , 

did,  on  or  about  the  eighteenth  day  of  May,  nineteen  hundred  and  nine,  endeavor 
to  leave  said  ship  by  attempting  to  jump  overboard  therefrom,  with  intent  to 
desert  from  said  ship  and  from  the  United  States  Navy. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at , , 

did,  on  or  about  the  fourth  day  of  April,  nineteen  hundred  and  nine,  endeavor 
to  leave  said  ship  by  attempting  to  conceal  himself  in  a  coal  barge  alongside  with 
intent  to  desert  from  said  ship  and  from  the  United  States  Navy. 

CHARGE.— Breaking  arrest. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  then  in  dry  dock,  Shang- 
hai, China,  having  been  placed  in  double  irons,  for  the  purpose  of  safe  custody, 
by  the  lawful  order  of  Commander ,  United  States  Navy,  his  com- 
manding officer,  did,  at  or  about  seven  hours  and  fifteen  minutes  postmeridian, 
on  the  fifteenth  day  of  May,  nineteen  hundred  and  nine,  bieak  his  arrest  and 
leave  the  said  ship . 

CHARGE. — Carnally  and  unlawfully  knowing  a  female  under  the  age  of  sixteen  years. 

Specification. — In  that ,  a  sergeant  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  United  States  Marine  Barracks,  navy-yard, , 

,  did,  at  or  about  eleven  hours  antemeridian  on  the  eighteenth  day  of 

February,  nineteen  hundred  and  nine,  while  on  duty  as  sergeant  of  the  guard 
at  the  main  gate  of  said  navy-yard,  in  the  guardhouse  at  said  gate,  make  an 

assault  in  and  upon  the  body  of  one who  was,  at  the  time  and 

place  aforesaid,  a  woman  under  the  age  of  sixteen  years,  and  he,  the  said , 

being  then  and  there  above  the  age  of  twenty-one  years,  did  unlawfully  and 
carnally  abuse  and  know  her,  the  said . 

CHARGE. — Causing  to  be  prepared  and  approving  a  false  and  fraudulent  voucher  in 
violation  of  article  fourteen  of  the  Articles  for  the  Government  of  the  Navy. 

Specification. — In  that ,  a  naval  constructor  in  the  United  States  Navy, 

being,  on  or  about  the  first  day  of  July,  nineteen  hundred  and  nine,  and  con- 
tinuously thereafter  until  the  date  hereof,  attached  to  and  serving  at  the  navy- 
yard,  , ,  as  the  head  of  the  department  of at  said  yard,  and  it 

being  part  of  his  duty  as  such  head  of  department  to  supervise  and  control  all 
work  pertaining  to  said  department  and  to  have  general  superintendence,  charge, 
direction,  and  mustering  of  all  persons  employed  in  said  department,  and  it 
being  also  a  part  of  his  duty  to  direct  the  preparation  of  and  to  examine,  and  if 
found  correct  to  approve,  the  pay  rolls  of  said  department  prior  to  their  submis- 
sion to  the  commandant  for  approval  and  transmission  to  the  pay  oflBcer  at  said 
yard,  did  cause  to  be  prepared  a  semimonthly  pay  roll  of  persons  employed  in 

said  department  of ,  navy-yard, , ,  for  the  period  from  March 

sixteenth  to  March  thirty-first,  inclusive,  nineteen  hundred  and  nine,  and  did, 
on  or  about  the  tenth  day  of  April,  nineteen  hundred  and  nine,  in  his  official 
capacity  as  head  of  said  department,  approve  said  pay  roll,  which  pay  roll  was, 
subsequently,  in  due  course,  approved  by  the  commandant  and  transmitted  to 
the  pay  officer  of  the  said  navy-yard,  and  the  amounts  therein  set  forth,  respect- 
ively, were  paid  to  the  persons  whose  names  appeared  thereon;  wherea,s,  as  he, 

the  said ,  well  knew,  the  said  pay  roll  contained  the  names  of  a 

number  of  laborers  and  mechanics,  to  vtdt,  four  hundred  and  forty-nine,  who, 


PROCEEDINGS   OF   A   GENERAL  COURT-MARTIAL.  93 

for  work  performed  during  the  last  six  days  of  March,  between  seven  o'clock 
antemeridian  and  twelve  meridian  and  between  twelve-thirty  postmeridian  and 
six-thirty  postmeridian,  were  credited,  in  making  up  the  time  and  amounts 
specified  on  said  pay  roll,  with  having  rendered  one  and  five-eighths  days', 
that  is  to  say,  thirteen  hours',  service,  when  in  fact  they  had  thus  rendered  and 
were  entitled  to  be  credited  with  one  and  three-eighths  days',  that  is  to  say, 
eleven  hours',  service  per  day  only,  in  consequence  of  which  false  entries  on 
said  pay  roll  overpayments  to  laborers  and  mechanics  employed  in  the  depart- 
ment of at  said  navy-yard,  for  the  period  named,  were  made,  amounting  to 

about  one  thousand  four  hundred  twenty-nine   dollars  and  thirty-three  cents  ; 

and  the  said did,  therein  and  thereby,  cause  to  be  prepared  and 

did  approve  a  false  and  fraudulent  voucher,  in  violation  of  article  fourteen  of 
the  Articles  for  the  Government  of  the  Navy. 

CHABGE. — Conduct  to  the  prejudice  of  good  order  and  discipline. 

Specification. — In  that ,  a  coal  passer  in  the  United  States  Navy,  at- 
tached to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  having,  on  or  about  the  twenty-second  day  of  November,  nine- 
teen hundred  and  eight,  been  ordered  by ,  chief  boatswain's  mate. 

United  States  Navy,  attached  to  said  ship,  to  remove  certain  clothes  belonging 

to  him,  the  said ,  from  a  towel  line  on  board  said  ship,  did  use 

obscene  and  threatening  language  toward  the  said ,  who  was  then 

and  there  in  the  execution  of  the  duties  of  his  office. 

Specification. — In  that ,  a  private  of  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  , , 

having,  at  or  about  nine  hours  and  thirty  minutes  postmeridian,  on  the  twenty- 
first  day  of  December,  nineteen  hundred  and  eight,  been  placed  in  arrest  by 

First  Lieutenant ,  United  States  Marine  Corps,  the  officer  of  the 

day  at  said  barracks,  and  having  been  placed  in  irons  for  the  purpose  of  safe 
custody,  did  break  the  hand  irons,  and  did,  by  throwing  a  cup,  break  a  window 
in  the  cell  passage  at  said  barracks. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  at  about  one  hour  and  fifteen  minutes  postmeridian,  on  the  second 


day  of  February,  nineteen  hundred  and  nine,  upon  returning  to  said  ship  from 
liberty,  unlawfully  have  in  his  possession  a  flask  of  intoxicating  liquor. 

Specification. — In  that ,  a  passed  assistant  surgeon  in  the  United  States 

Navy,  having,  on  the  sixteenth  day  of  June,  nineteen  hundred  and  eight,  been 
appointed  by  the  Secretary  of  the  Navy  member  and  recorder  of  a  board  of  med- 
ical examiners  at  the  navy-yard, , ,  and  having  been  duly  informed 

of  such  appointment,  and  it  being  his  duty  as  such  recorder  to  record  the  proceed- 
ings of  said  board,  did,  on  or  about  the  thirteenth  day  of  October,  nineteen  hun- 
dred and  eight,  at  said  navy-yard,  refuse,  on  account  of  alleged  informalities,  to 

record  the  proceedings  had  in  the  case  of  Ensign ,  United  States 

Navy,  who  had  been  examined  before  said  board,  as  a  preliminary  to  promotion, 
in  accordance  with  the  requirements  of  section  fourteen  hundred  and  ninety- 
three  of  the  Revised  Statutes  of  the  United  States. 

Specification. — In  that ,  a  coal  passer  in  the  United  States  Navy,  at- 
tached to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  while  being  escorted  to  his  ship  by  Private ,  United 

States  Marine  Corps,  patrol  at  said  yard,  at  about  five  hours  antemeridian,  on 
the  twenty-third  day  of  June,  nineteen  hundred  and  nine,  did,  after  having  been 
ordered  by  the  said  patrol  to  stop  singing  and  making  a  noise,  reply  that  he  would 
not  stop  for  any  "    *    *    *    marine,"  or  words  to  that  effect. 


94  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

Specification. — In  that ,  a  water  tender  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  having,  on  the  thirtieth  day  of  August,  nineteen  hundred  and 

eight,  brought  to  Lieutenant-Commander ,  United  States  Navy, 

the  executive  officer  of  said  ship,  a  telegram  in  words  as  follows:  "Frank,  Eliza 
is  dying.     Patrick,"  and  having  asked  and  been  refused  permission  to  leave  the 

ship,  did  reply  to  said  Lieutenant-Commander ,  "Well,  I'll  go  anyway,'* 

or  words  to  that  effect. 

Specification. — In  that ,  a  water  tender  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy- 
yard,  ,  ,  having,  on  the  thirtieth  day  of  August,  nineteen  hundred 

and  eight,  requested  permission  of  Lieutenant-Commander ,  United 

States  Navy,  the  executive  officer  of  said  ship,  to  send  a  telegram  to  the  Secretary 
of  the  Navy,  in  words  and  figures  substantially  as  follows,  to  wit:  *  *  *^  and 
having  been  informed  that  he  could  do  so  if  he  forwarded  it  through  his  com- 
manding officer,  did  reply,  "No,  I'll  send  it  through  my  lawyer,"  and  having 
been  further  informed  that  he  must  send  it  through  his  commanding  officer,  did 
further  reply,  "The  captain  be  damned;  I'll  send  it  as  I  please,"  or  words  to 
that  effect. 

Specification. — In  that .= ,  a  sergeant  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship  ,  at  the  navy- 
yard,  ,  ,  did,  between  the  hours  of  twelve-thirty  and  one-thirty 

postmeridian,  on  the  first  day  of  October,  nineteen  hundred  and  eight,  on  board 
said  vessel,  unlawfully  have  in  his  possession  a  bottle  of  intoxicating  liquor; 

Specification. — In  that ,  a  private  in  the  t^nited  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  , ,  did, 

on  the  thirtieth  day  of  August,  nineteen  hundred  and  eight,  smuggle  into  said  navy- 
yard  two  bottles  of  intoxicating  liquor. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship  ,  at  the  navy- 
yard,  , ,  did,  at  or  about  seven  hours  and  forty  minutes  postmeridian, 

on  the  nineteenth  day  of  April,  nineteen  hundred  and  nine,  while  a  member  of 
the  day's  guard  of  said  ship,  unlawfully  have  intoxicating  liquor  in  his  possession. 

Specification.— In  that ,  a  captain  in  the  United  States  Navy,  attached 

to  and  being  in  command  of  the  United  States  ship ,  did,  between  the  hours 

of  twelve  meridian  and  one  postmeridian,  on  or  about  the  twenty-first  day  of 
November,  eighteen  hundred  and  ninety-nine,  the  said  ship  then  lying  in  the 
harbor  of  Cebu,  Philippine  Islands,  without  justifiable  cause,  and  without  the 
exercise  of  proper  discretion,  make  careless  use  of  firearms  by  discharging,  with 
his  own  hand,  in  the  direction  of  a  native  shore  boat,  which  had  approached  within 
hailing  distance  of  said  vessel,  a  shot  from  a  revolver,  thereby  wounding  and 
causing  the  death  of  a  Filipino,  one  of  the  occupants  of  the  said  native  shore  boat. 

Specification.— In  that ,  a  captain  in  the  United  States  Navy,  attached 

to  and  being  in  command  of  the  United  States  ship  ,  at ,  — , 

having,  on  the  twenty-second  day  of  March,  nineteen  hundred  and  nine,  had 
referred  to  him  by  the  Bureau  of  Navigation,  Navy  Department,  a  copy  of  a  letter 

which  had  been  received  by  said  bureau  from  Captain -,  United 

States  Navy,  commandant  of  the  naval  station, , ,  in  the  words  and 

figures  following,  to  wit:  *  *  *  ,  and  having  been  called  upon  by  said  bureau 
for  an  explanation  of  the  facts  mentioned  in  the  letter  above  set  forth,  did,  on  the 
twenty-sixth  day  of  March,  nineteen  hundred  and  nine,  address  a  communication 


PKOCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  95 

to  the  commandant  of  the  navy-yard  and  station,  New  York,  in  the  words  and 
figures  following,  to  wit:  *  *  *  ,  which  said  letter  contained  in  the  third  para- 
graph thereof,  statements  which  are  wholly  irregular,  unofficerlike,  and  prejudi- 
cial to  good  order  and  discipline. 

CHARGE. — Conduct  unbecoming  an  officer  and  a  gentleman. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship  ,  having  become  justly 

indebted  to ,  of  Brooklyn,  New  York,  in  the  sum  of  one  hundred 

and    twenty-four    dollars    and   twenty-five    cents,    or    thereabouts,    for   goods 

purchased  and  money  borrowed  from  said ,  at  various  times  between  the 

fourteenth  day  of  April,  nineteen  hundred  and  five,  and  the  sixth  day  of  March, 
nineteen  hundred  and  nine,  has,  with  the  exception  of  fifteen  dollars  ($15),  paid  on 
account  July  fifteenth,  nineteen  hundred  and  six,  up  to  the  present  time,  notwith- 
standing repeated  promises  to  pay  said  debt  and  the  frequent  demands  for  payment 

made  on  him  by  said ,  neglected  and  failed  to  pay  the  said the  amount 

due  him,  thereby  exhibiting  a  dishonorable  indifference  to  his  just  indebtedness 
and  a  disregard  of  his  obligations  as  an  officer  and  a  gentleman.' 

Specification. — In  that »  a  second  lieutenant  in  the  United  States  Marine 

Corps,  having,  while  attached  to  and  serving  on  board  the  United  States  ship , 

become  justly  indebted  to ,  a  first  lieutenant  in  the  United  States 

Marine  Corps  on  board  said  ship,  in  the  sum  of  thirty  dollars,  or  thereabouts, 

for  money  borrowed  from  said ,  at  various  times  between  the  fifth  day  of 

June,  nineteen  hundred  and  seven,  and  the  eighth  day  of  August,  nineteen 
hundred  and  eight,  and  having,  in  the  month  of  March,  nineteen  hundred  and 
nine,  when  detached  from  said  ship,  at  San  Francisco,  California,  promised  said 
to  pay  said  debt  upon  his  arrival  in  New  York,  New  York,  has,  notwith- 
standing said  promise,  neglected  and  failed  to  pay  the  amount  of  said  indebted- 
ness, or  any  portion  thereof. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  having,  on  or  about  the 

fifteenth  day  of  May,  nineteen  hundred  and  nine,  the  said  ship  being  then  at 

, ,  been  relieved  from  duty  as  officer  of  the  deck  on  said  ship  for  being 

under  the  influence  of  intoxicating  liquor,  and  having  voluntarily  pledged  himself 

to  his  commanding  officer.  Captain ,  United  States  Navy,  to  abstain 

from  the  use  of  intoxicating  drinks  while  attached  to  the  said  ship ,  did,  on 

or  about  the  seventh  day  of  July,  nineteen  hundred  and  nine,  while  attached  to 
and  on  board  the  said  ship,  notwithstanding  his  said  pledge  so  given,  and  in 
violation  thereof,  take  intoxicating  drinks,  and  was  then  and  there  drunk  and  unfit 
for  the  proper  performance  of  his  duty. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United  States 

Navy,  then  attached  to  and  serving  on  board  the  United  States  ship ,  at 

, ,  having  received  from  the  Navy  Department  a  letter,  in  words  and 

figures  substantially  as  follows,  to  wit,  *  *  *  ^  did,  on  or  about  the  twenty- 
eighth  day  of  December,  nineteen  hundred  and  eight,  address  a  communication 
to  the  Secretary  of  the  Navy,  in  words  and  figures  substantially  as  follows,  to  wit, 

*    *    *    ,  the  said well  knowing  that  the  statement  in  his  said  letter,  to 

the  effect  that  he  had  repaid  to  Mr. the  sum  of  four  hundred  and  eighty- 
four  dollars  and  fifty-four  cents,  for  which  he  held  his  receipt,  was  calculated 
to  deceive  the  Department  by  inducing  the  inference  that  such  sum  was  in  part 
payment  of  his  indebtedness  to  Mrs. . 


96  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

CHARGE. — Culpable  inefficiency  in  the  performance  of  duty. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  as  navigator  on  board  the  United  States  ship ,  making  passage 

from to ,  on  the  second  day  of  February,  nineteen  hundred  and 

nine,  well  knowing  that  at  about  sunset  of  said  day  the  said  ship  had  nearly  run 
her  estimated  distance  from  the  four  o'clock  postmeridian  position,  obtained  and 
plotted  by  him,  to  the  position  of ,  and  well  knowing  the  difficulty  of  sight- 
ing   from  a  safe  distance  after  darkness  fell,  under  the  conditions  of  the 

weather  then  existing,  did  fail  to  advise  his  commanding  officer,  as  it  was  clearly 
his  duty  to  do,  to  lay  a  safe  course  for  said  ship  to  the  northward  before  continuing 

on  a  westerly  course;  and  the  said  Lieutenant was  therein  and 

thereby  culpably  inefficient  in  the  performance  of  his  duty  as  navigator,  in  con- 
sequence of  which  the  said  ship  was,  at  about  six  hours  and  fifty  minutes  post- 
meridian on  the  day  above  mentioned,  run  upon Bank,  in  the Sea, 

in  about  latitude  thirteen  degrees  thirty-four  minutes  north,  and  longitude 
eighty-five  degrees  five  minutes  west,  and  was  stranded. 

Specification. — In  that ,  a  lieutenant  of  the  junior  grade  in  the  United 

States  Navy,  being  attached  to  and  serving  as  officer  of  the  deck  on  board  the 

United  States  ship ,  making  passage  from to ,  on  the  thirteenth 

day  of  March,  nineteen  hundred  and  eight,  and  the  said well  knowing  that 

the  said  ship,  being  a  steam  vessel,  was  required  by  law,  when  approaching 
another  vessel  under  such  circumstances  as  to  involve  risk  of  collision,  to  slacken 
her  speed  or,  if  necessary,  to  stop  and  reverse  her  engines,  and  that  it  was  further- 
more her  duty,  if  such  other  vessel  was  a  sail  vessel,  to  keep  out  of  the  way  of  such 

sail  vessel,  and  the  said ,  well  knowing,  also,  that  it  was  his  duty,  as  officer 

of  the  deck,  to  issue  such  orders  as  might  be  necessary,  in  accordance  with  said 

requirements,  to  enable  the to  avoid  a  collision  with  an  approaching  vessel, 

and  to  see  that  such  orders  were  carried  into  effect,  and  having  been  informed, 
between  the  hours  of  eight  and  nine  postmeridian  on  the  date  aforesaid,  and  while 

he  was  acting  as  such  officer  of  the  deck,  that  the  said  ship was  approaching 

a  sail  vessel,  both  vessels  being  then  near  Cape  Maisi,  Cuba,  did  neglect  and  fail  to 
issue,  as  he  should  have  done,  such  orders  as  were  necessary  to  cause  the  said  ship 

to  comply  with  the  said  requirement  of  law  by  keeping  out  of  the  way  of 

such  sail  vessel,  or  did  neglect  and  fail  to  see  that  such  orders  were  duly  carried 
into  effect,  and  being  informed  that  the  said  vessels  were  approaching  each  other 
under  circumstances  which  involved  the  risk  of  collision,  did  neglect  and  fail  to 

issue,  as  he  should  have  done,  timely  orders  to  cause  the  said  ship to  slacken 

her  speed,  or  to  stop  entirely,  or  to  reverse  the  action  of  her  engines  so  as  to  prevent 
a  collision,  and  was  therein  and  thereby  culpably  inefficient  in  the  performance  of 
his  duty  as  officer  of  the  deck,  by  reason  of  which  neglect,  failure,  and  inefficiency 

on  the  part  of  the  said ,  the  said  United  States  ship collided,  at  the 

time  and  place  aforesaid,  with  the  said  sail  vessel,  being  the  schooner ,  of 

San  Juan,  Porto  Rico,  which  collision  resulted  in  the  sinking  of  the  said  schooner 
and  her  cargo,  and  endangered  the  lives  of  her  officers  and  crew. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship ,  on  the  eleventh  day  of  August, 

nineteen  hundred  and  eight,  then  cruising  on  special  service  in  the  South  Pacific 

Ocean,  among  the Islands,  notwithstanding  the  fact  that  at  midnight  of  the 

tenth  day  of  August,  in  the  year  aforesaid,  the  southeast  point  of Island 

bore  abeam  and  was  about  seven  miles  distant,  the  said  ship  being  then  under  way 
and  making  a  speed  of  about  eleven  knots  an  hour,  and  well  knowing  the  position 
of  the  said  ship  at  the  time  stated  and  that  the  charts  of  that  locality  were  unre- 
liable and  the  currents  thereabouts  uncertain,  and  it  having  been  reported  to  him 
at  about  three  hours  and  thirty  minutes  antemeridian,  on  the  date  first  above 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  97 

mentioned,  that  land  was  in  sight  on  the  port  bow  of  said  ship,  and  that  it  was 
necessary,  the  ship  having  been  set  to  the  northward,  promptly  to  change  the 
course  to  the  southward,  did  neglect  and  fail  to  go  on  deck  and  to  superintend 
personally  the  management  of  said  ship,  as  it  was  his  duty  to  do,  in  consequence 
of  which  the  course  of  the  vessel  was  not  promptly  changed,  the  engines  were 
stopped,  and  the  vessel  was  set  upon  a  rock,  as  set  forth  in  the  specification  of  the 
first  of  these  charges,  and  the  said  Commander was  therein  and  thereby  cul- 
pably inefficient  in  the  performance  of  his  duty  as  commanding  oflicer  of  the  said 
United  States  ship . 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy- 
yard,  , ,  having,  on  the  fifth  day  of  November,  nineteen  hundred  and 

eight,  issued  a  check,  number  fifty-two,  drawn  on  the National  Bank  of 

, ,  payable  to  the  order  of ,  for  the  sum  of  seventy- 
seven  dollars  and  fifty  cents,  marked  ''exchange  for  cash,"  and  indorsed  to  the 
order  of ,  U.  S.  N.,  and  having,  on  the  fifth  day  of  November,  nine- 
teen hundred  and  eight,  issued  checks  numbered  four  hundred  eighteen  thousand 

one  hundred  and  sixty-one  for  eight  hundred  dollars,  and ,  drawn  on  the 

assistant  treasurer  of  the  United  States  at  New  York,  payable  to  the  order  of 

,  which  checks  were  marked  ' '  exchange  for  cash, ' '  and  were  indorsed 

to  the  order  of ,  U.  S.  N.,  did  fail  to  enter  the  above-mentioned 

checks  in  the  account,  as  required  by  the  system  of  accountability  for  disbursing 
officers  of  the  United  States  Navy,  and  he,  the  said  Passed  Assistant  Paymaster 
,  United  States  Navy,  was  therein  culpably  ineflicient  in  the  per- 
formance of  duty. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship at 

the  navy-yard,  ,  ,  did,  on  or  about  the  fifteenth  day  of  October, 

nineteen  hundred  and  eight,  fail  to  provide  in  a  regular  manner,  funds  to  his 

credit  as  a  disbursing  officer  of  the  United  States  Navy,  in  the National 

Bank  of , ,  a  United  States  depository,  which  it  was  his  duty  to  do, 

and  did,  on  the  fifteenth  day  of  October,  nineteen  hundred  and  eight,  issue  a 
check,  number  seventy-five,  drawn  on  said  National  Bank,  for  eighty- 
five  dollars,  payable  to  the  order  of ,  seaman,  United  States  Navy, 

on  account  of  pay,  and  a  check  number  seventy-six,  drawn  on  the  said 

National  Bank  for  twenty  dollars,  payable  to  the  order  of ,  marked 

"exchange  for  cash,"  well  knowing  that  he  had  not  suflicient  funds  in  said  bank 

to  pay  both  of  said  checks,  and  he,  the  said  Passed  Assistant  Paymaster 

,  United  States  Navy,  was  therein  culpably  inefficient  in  the  performance 

of  duty. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship , 

having,  as  pay  officer  of  said  ship,  between  the  first  of  June,  nineteen  hundred 
and  eight,  and  the  thirty-first  of  March,  nineteen  hundred  and  nine,  both  days 
inclusive,  issued  to  the  officers'  and  other  messes  of  said  ship  certain  provisions 
belonging  to  the  Government,  did  wholly  neglect  and  fail  to  keep  or  cause  to  be 
kept  a  proper  account  of  the  issue  of  said  stores, 

CHARGE.— Culpable  negligence  and  inefficiency  in  the  performance  of  duty. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  as  navigating  officer,  on 

the  fifth  day  of  April,  nineteen  hundred  and  nine,  while  the  said  ship  was  returU' 
ing  to  Hampton  Roads,  Virginia,  from  a  trial  trip  at  sea,  and  the  commanding 
8483—10 7 


98  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

officer  of  the  said  ship,  Commander ,  United  States  Navy,  having 

been  called  from  the  bridge  of  the  said  ship  in  the  performance  of  official  duty 

and   having    instructed   the   said   Lieutenant  to  pilot   said   ship   into 

Hampton  Roads,  and  the  said  Lieutenant ,  well  knowing  that  it  was  his 

duty  as  navigating  officer  under  such  instructions  to  continue  at  his  proper  post 
of  duty  and  carefully  to  watch  the  course  of  the  said  ship,  and  to  change  the 
same  from  time  to  time  as  might  be  necessary  in  order  properly  to  pilot  said  ship 
safely  into  Hampton  Roads,  did,  nevertheless,  improperly  absent  himself  from 
his  said  post  of  duty,  and  did  neglect  and  fail  safely  to  pilot  said  ship  into 
Hampton  Roads,  as  it  was  his  duty  to  do,  by  reason  of  which  culpable  negligence 

and  inefficiency  o'".  the  part  of  the  said  Lieutenant ,  the  said  ship 

was,  on  the  day  aforesaid,  between  the  hours  of  three  and  four  postmeridian, 
run  aground  near  Cape  Henry,  Virginia,  the  said  ship  being  thereby  unneces- 
sarily subjected  to  the  risk  of  great  danger  and  possible  loss. 

CHARGE.— Desertion. 

Specification. — In  that ,  a  yeoman  third  class  in  the  United  States 

Navy,  undergoing  confinement,  in  accordance  with  the  sentence  of  a  general 
court-martial,  at  the  naval  prison,  navy-yard, , ,  did,  on  the  twenty- 
sixth  day  of  May,  nineteen  hundred  and  nine,  while  a  prisoner  on  board  the 

United  States  ship ,  at  the  navy-yard,  ,  ,  awaiting  transfer 

to  the  prison  at  the  navy-yard, ,  ,  desert  from  said  ship  and  from 

the  United  States  Navy,  and  did  continue  in  desertion  until  he  was  delivered  on 

board  the  United  States  ship ,  at  the  navy-yard, , ,  by  the 

civil  authorities  of  said  city,  on  the  third  day  of  July,  in  the  year  aforesaid. 

Specification. — In  that  ,  ordinary  seaman,  alias ,  coal 

passer,  United  States  Navy,  now  attached  to  and  serving  on  board  the  United 

States  ship ,  at  the  navy-yard, , ,  did,  on  or  about  the  sixth 

day  of  July,  nineteen  hundred  and  six,  desert  from  the  United  States  ship , 

at , ,  and  from  the  United  States  Navy,  while  serving  under  the 

name  and  rate  of ,  ordinary  seaman,  and  did  continue  in  deser- 
tion until  he  was  identified  on  the  fourteenth  day  of  April,  nineteen  hundred 

and  eight,  on  board  said  ship where  serving  under  the  name  and  rate 

of ,  coal  passer,  United  States  Navy. 

Specification. — In  that ,  alias ,  an  ordinary  seaman  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States  ship 

,  at  the  navy-yard, , ,  did,  on  the  fifteenth  day  of  October, 

nineteen  hundred  and  eight,  desert  from  said  ship  and  from  the  United  States 
Navy,  and  did  continue  in  desertion  until  he  was  delivered  on  board  said  ship 
by  civil  authorities,  on  the  eighteenth  day  of  the  month  and  year  aforesaid. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at , ,  did,  on 

or  about  the  eighth  day  of  August,  nineteen  hundred  and  eight,  desert  from  the 
said  ship  and  from  the  United  States  Navy,  and  did  continue  in  desertion  until 

he  was  delivered  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  on  the  thirtieth  day  of  August,  in  the  year  aforesaid. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  the  twentieth  day  of  March,  nineteen  hundred  and  eight,  desert  from  said 
barracks  and  from  the  United  States  Marine  Corps,  and  did  continue  in  desertion 

until  he  surrendered  himself  at  the  marine  barracks,  ,  ,  on  the 

twentieth  day  of  August,  nineteen  hundred  and  nine. 


PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  99 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Coqjs, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  the  second  day  of  October,  nineteen  hundred  and  eight,  while  a  coal  passer 
in  the  United  States  Navy,  attached  to  and  serving  on  board  the  United  States 

ship  ,  at  the  navy-yard,  , ,  desert  from  said  ship  and  from 

the  nav'al  service,  and  did  continue  in  desertion  until  he  enlisted  in  the  United 
States  Marine  Corps,  as  a  private,  at , ,  on  the  second  day  of  Feb- 
ruary, nineteen  hundred  and  nine. 

Specification. — In  that ,  a  mess  attendant  third  class  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at 

, ,  did,  on  the  twenty-seventh  day  of  June,  nineteen  hundred  and 

eight,  desert  from  said  ship  and  from  the  United  States  Navy,  and  did  continue 

in  desertion  until  he  was  delivered  on  board  the  United  States  ship ,  at 

the  navy-yard,  ,  ,  on  the  eleventh  day  of  May,  nineteen  hundred 

and  nine. 

CHAB.GE. — Disobedience  of  a  lawful  order  of  the  Secretary  of  the  Navy. 

Specification. — In  that ,  a  carpenter  in  the  United  States  Navy,  then 

attached  to  and  serving  on  board  the  United  States  ship ,  having,  on  or 

about  the  first  day  of  August,  nineteen  hundred  and  eight,  had  addressed  to  him 
by  the  Secretary  of  the  Navy,  a  letter  in  words  and  iigures  substantially  as  fol- 
lows: *    *    *     ^  he,  the  said ,  did,  notwithstanding  the  direction  of  the 

Secretary  of  the  Navy  immediately  to  acknowledge  the  receipt  of  said  letter, 
neglect  and  fail,  and  has  ever  since  neglected  and  failed,  to  make  such  acknowl- 
edgment; and  the  said —  did  therein  and  thereby  disobey  a  lawful  order  of 

the  Secretary  of  the  Navy. 

CHARGE. — Disobeying  the  lawful  order  of  Ms  superior  officer. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  ser^dng  on  board  the  United  States  ship ,  at  anchor  off , , 

having,  on  or  about  the  nineteenth  day  of  May,  nineteen  hundred  and  nine,  on 

board  said  ship,  been  ordered  by  Lieutenant ,  United  States  Navy, 

the  executive  officer  of  said  ship,  to  superintend  the  work  of  breaking  out  the 
fore  hold,  did  then  and  there  refuse  to  obey  and  did  disobey  said  lawful  order. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  then  at  sea  making  pas- 
sage from to ,  having,  on  or  about  the  fifth  day  of  December,  nine- 
teen hundred  and  eight,  received  from  his  superior  and  commanding  officer. 

Commander ,  United  States  Navy,  a  specific,  lawful  order  requiriug 

him  to  go  with  a  board  appointed  in  accordance  with  article ,  United  States 

Navy  Regulations  of  nineteen  hundred  and  nine,  and  to  see  that  certain  papers 
were  placed  in  the  safe,  and  that  the  safe  was  sealed,  did,  nevertheless,  deliber- 
ately refuse  to  obey  said  order. 

Specification.— In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  as  such  on  board  the  United  States  ship ,  then  lying  in  the 

harbor  of ,  ,  having  received  permission  from  proper  authority  to 

visit  the  shore,  did  leave  the  said  ship on  the  fifth  day  of  January,  nineteen 

hundred  and  nine,  and  did  fail  to  return  at  or  before  sunset  of  the  same  day,  and 
did  remain  absent  from  the  said  ship until  at  or  about  five  o'clock  ante- 
meridian of  the  sixth  day  of  January,  in  the  year  aforesaid,  this  in  disobedience 

of  a  lawful  order  of  Rear- Admiral ,  United  States  Navy,  commander 

in  chief  of  the fleet,  of  the  following  tenor,  to  wit,  "Officers'  leave  shall 

expire  at  sunset,"  which  order  was  given  because  of  the  .«anitary  condition  of 

the  city  of , ,  to  protect  the  officers  and  crews  of  the  said  fleet  from 

danger  of  infection  by  yellow  fever. 


100  PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL. 

Specification. — In  that ,  a  seamau  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  Ignited  States  ship ,  at  anchor  off  Thomas 

Point  Light,  Chesapeake  Bay,  having,  on  the  sixteenth  day  of  June,  nineteen 

hundred  and  nine,  been  ordered  by ,  chief  master  at  anns,  United 

States  Navy,  attached  to  said  ship,  to  go  to  the  berth  deck  of  said  ship  and  per- 
form extra  duty  in  accordance  with  the  sentence  of  a  summary  court-martial, 
did  refuse  to  obey,  and  did  Mdlfiilly  disobey,  the  said  lawful  order  of  the  said 

Chief  Master  at  Arms ,  who  was  then  and  there  in  the  execution  of  the 

duties  of  his  office. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  servdng  on  board  the  United  States  ship ,  at , ,  having, 

on  the  sixth  day  of  June,  nineteen  hundred  and  nine,  while  on  shore  at  said 
place  as  a  member  of  a  landing  party  for  the  protection  of  the  United  States  con- 
sulate, been  ordered  by  Lieutenant ,  United  States  Navy,  attached 

to  said  ship,  to  cease  being  noisy  and  disorderly,  did  refuse  to  obey,  and  did  wil- 
fully disobey,  the  said  lawful  order  of  the  said  Lieutenant ,  who  was  then 

and  there  in  the  execution  of  the  duties  of  his  office. 

Specification. — In  that ,  a  coal  passer  in  the  L'nited  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  having,  on  the  sixth  day  of  May,  nineteen  hundred  and  nine,  received 


through ,  fireman  second  class.  United  States  Navy,  an  order  from 

Midshipman ,  United  States  Navy,  attached  to  said  ship,  to  assist 

in  cleaning  the  jjassages  on  the  berth  deck  of  said  ship,  did  refuse  to  obey,  and 

did  Avilfully  disobey,  the  said  lawful  order  of  the  said  Midshipman ,  who 

was  then  and  there  in  the  execution  of  the  duties  of  his  office. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at , ,  having, 

on  the  seventeenth  day  of  May,  while  a  general  court-martial  prisoner  under 

sentry's  charge,  been  ordered  by  Lieutenant-Commander ,  United 

States  Navy,  the  executive  officer  of  said  ship,  to  hold  communication  with  no 
one,  did  wilfully  disobey  the  said  lawful  order  of  his  superior  officer,  the  said 

Lieutenant-Commander ,  who  was  then  and  there  in  the  execution  of  the 

duties  of  his  office. 

CHARGE. — ^Disrespect  to  the  Secretary  of  the  Navy. 

Specification. — In  that ,  an  assistant  civil  engineer  in  the  United  States 

Navy,  having  disobeyed  an  order  dated  November  seventeenth,  nineteen  hundred 

and  eight,  from  the  Secretary  of  the  Navy,  directing  him,  the  said  ,  to 

proceed  to  the  navy-yard, , — ,  and  report  to  the  commandant  of  that 

station  for  duty  thereat,  and  having  in  violation  of  said  order  and  of  the  instruc- 
tions contained  in  a  letter  from  the  Acting  Secretary  of  the  Navy,  dated  the 

fifteenth  day  of  December,  in  said  year,  refusing  to  grant  him,  the  said , 

authority  to  return  East  for  medical  treatment,  proceeded  to , ,  and 

reported  at  the  naval  hospital  at  said  place  for  medical  treatment;  and  having 
been  subsequently  reported  by  the  medical  officer  in  command  of  said  hospital 
as  fit  for  duty,  and  having  thereupon  been  ordered  by  the  Secretary  of  the  Navy 
to  proceed  at  once  to  the  navy-yard  aforesaid  and  report  to  the  commandant  of 
said  station  for  duty  thereat;  and  having,  without  permission  from  proper  authority 

proceeded  to , ,  as  set  forth  in  the  second  specification  of  the  first  of 

these  charges,  he,  the  said ,  did,  from  the  place  last  named,  on  or  about  the 

twenty-ninth  day  of  December,  in  the  year  aforesaid,  write  and  address  to  the 
Secretary  of  the  Navy  a  letter,  in  the  words  and  figures  following,  to  wit:  *  *  *, 
containing  contemptuous  and  disrespectful  words  of  and  against  the  Secretary  of 
the  Navy,  thereby  violating  the  respect  due  from  every  officer  in  the  navy  to  the 
head  of  the  Navy  Department. 


PBOCEEDINGS  OF   A   GENERAL   COURT-MARTIAL.  101 

CHARGE.— Disrespectful  in  language  and  deportment  to  his  superior  officer 
while  in  the  execution  of  his  office. 

Specification. — In  that ,  a  machinist  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  having,  on  or  about  the  fourth  day  of  October,  nineteen  hundred  and  eight. 


been  ordered  by  the  senior  engineer  officer  of  said  ship.  Lieutenant , 

United  States  Navy,  to  inspect  the  clothing  of  his  section  of  the  engineer  division, 

did  say  to  said  Lieutenant ,  in  a  disrespectful  manner,  "I  haven't  got  time 

to  do  that  now,  "  or  words  to  that  effect,  and  therein  and  thereby  the  said  Machinist 

was  disrespectful  in  language  and  deportment  to  his  superior  officer,  the 

said  Lieutenant ,  who  was  then  and  there  in  the  execution  of  his  office. 

Specification. — In  that ,  an  assistant  surgeon  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at , , 

having,  at  or  about  nine  hours  and  thirty  minutes  postmeridian  on  the  sixteenth 
day  of  November,  nineteen  hundred  and  eight,  been  informed  by  his  superior 

officer.  Surgeon ,  United  States  Navy,  the  senior  medical    officer 

of  said  vessel,  that  he  had  reported  the  said 's  failure  properly  to  carry  out 

the  instructions  given  him  concerning  the  removal  of  such  of  the  sick  men  belong- 
ing to  said  vessel  as  were  able  to  travel  from  the  naval  hospital  on  shore  to  the  said 

ship ,  did  then  and  there  assume  a  disrespectful  and  defiant  manner  toward 

his  said  superior  officer,  and  did  reply:  "Reported  me!  Go  ahead  and  report;  you 
have  put  your  foot  in  it,  I  give  you  that  for  a  tip,"  or  words  to  that  effect,  and 
did  then  go  below  to  his  room;  and  the  said was  therein  and  thereby  dis- 
respectful in  language  and  deportment  to  his  superior  officer,  the  said  Surgeon 
,  who  was  then  and  there  in  the  execution  of  his  office. 

Specification. — In  that ,  a  lieutenant  of  the  junior  grade  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  then 

lying  at  anchor  in  the  harbor  of , ,  did,  on  board  said  ship,  between  the 

hours  of  eight  and  nine  postmeridian  of  the  sixth  day  of  April,  nineteen  hundred 

and  nine,  when  ordered  by  his  superior  officer,  Lieutenant-Commander 

,  United  States  Navy,  the  executive  officer  of  the  said  ship,  to  remain  in 

his  room,  say  to  said  liieutenant-Commander  :  "*    *    *, "  or  words  of 

similar  meaning  and  purport  as  the  aforesaid ;  and  the  said was  therein  and 

thereby  disrespectful  in  language  and  deportment  to  his  superior  officer,  the  said 
,  while  in  the  execution  of  his  office. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at , ,  did,  on 

the  sixth  day  of  June,  nineteen  hundred  and  nine,  while  on  shore  at  said  place  as 
a  member  of  a  landing  party  for  the  protection  of  the  United  States  consulate, 

when  ordered  on  sentry  duty  by  Lieutenant ,  LTnited  States  Navy, 

commanding  the  said  landing  party,  say  in  a  defiant  manner  to  said  Lieutenant 

,  "It's  not  my  turn;  you  can't  make  me  do  it,"  or  words  to  that  effect,  and 

was  therein  and  thereby  disrespectful  in  language  and  deportment  to  his  superior 
officer,  Lieutenant ,  who  was  then  and  there  in  the  execution  of  his  office. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy- yard, , ,  did,  on 

the  fifteenth  day  of  August,  nineteen  hundred,  while  confined  in  the  guard  room 
at  said  barracks,  in  reply  to  a  question  addressed  to  him  by  Second  Lieutenant 

,  United  States  Marine  Corps,  the  officer  of  the  day  at  said  place  and 

time,  reply  in  a  surly  and  contemptuous  manner,  "Oh,  get  out  of  here;  don't  talk 
to  me,"  or  words  to  that  effect,  and  was  therein  and  thereby  disrespectful  in  lan- 
guage and  deportment  to  his  superior  officer.  Second  Lieutenant .  who  was 

then  and  there  in  the  execution  of  his  office. 


102  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

Specification. — In  that ,  a  corporal  in  the  United  States  Marine  Corps,  at- 
tached to  and  serving  fit  the  marine  barracks,  navy-yard, , ,  did,  on 

or  about  the  twenty-fifth  day  of  December,  nineteen  hundred  and  eight,  while 

being  placed  in  confinement  in  the  prison  at  said  barracks,  say  to  Captain  — " 

,  United  States  Marine  Corps,  the  commanding  officer  of  said  barracks,  in 

an  insolent  and  menacing  manner,  "I'll  get  even  with  you  for  this,"  or  words  to 
that  effect,  and  was  therein  and  thereby  disrespectful  in  language  and  deportment 

to  his  superior  oflicer.  Captain ,  who  was  then  and  there  in  the  execution  of 

his  office. 

CHARGE  .—Drunkenness. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at , ,  was,  on 

the  sixth  day  of  March,  nineteen  hundred  and  nine,  on  board  said  ship  under 
the  influence  of  intoxicating  liquor  and  thereby  incapacitated  for  the  proper 
performance  of  duty. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  serving 

as  captain  of  the  yard,  navy-yard,  ,  ,  was,  on  or  about  the  twenty- 
fifth  day  of  May,  nineteen  hundred  and  nine,  at  the Hotel  in  the  city  of 

, ,  under  the  influence  of  intoxicating  liquor. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  was,  at  said  navy-yard,  on  the  thirteenth  day  of  August,  nineteen 

hundred  and  eight,  under  the  influence  of  intoxicating  liquor  and  thereby  unfit 
for  duty. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

a  patient  at  the  naval  hospital,  , ,  was,  at  or  about  five  hours  post- 
meridian, on  the  eighth  day  of  May,  nineteen  hundred  and  nine,  drunk  at  said 
hospital. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  , ,  was, 

on  the  fifteenth  day  of  April,  nineteen  hundred  and  nine,  upon  his  return  to  said 
barracks  from  liberty,  drunk  and  unfit  for  duty. 

CHAKGE. — Drunkenness  on  duty. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  serving 

as  commandant  of  the  navy-yard, , ,  was,  on  or  about  the  tenth  day 

of  November,  nineteen  hundred  and  eight,  at  his  quarters  in  said  yard,  being  then 
and  there  on  duty,  under  the  influence  of  intoxicating  liquor. 

Specification.— In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  was,  at  or  about  nine  hours  postmeridian  on  the  twenty-fourth  day  of 

May,  nineteen  hundred  and  nine,  while  on  duty  as  officer  of  the  deck  of  said  ship, 
under  the  influence  of  intoxicating  liquor,  and  thereby  incapacitated  for  the 
proper  performance  of  duty. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship  ,  was,  while  on  duty  as 

acting  executive  oflScer  on  board  said  ship,  at ,  ,  on  or  about  the 

twenty-third  day  of  August,  nineteen  hundred  and  eight,  so  much  under  the 
influence  of  intoxicating  liquor  as  to  be  unable  properly  to  perform  his  duty. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  was,  at , ,  at 


PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  103 

quarters  on  or  about  the  thirteenth  day  of  September,  nineteen  hundred  and 
eight,  so  much  under  the  influence  of  intoxicating  liquor  as  to  be  unable  properly 
to  perform  his  duty. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at , ,  was,  on 

the  sixth  day  of  June,  nineteen  hundred  and  nine,  while  on  shore  at  said  place, 
as  a  member  of  a  landing  party  for  the  protection  of  the  United  States  consulate, 
under  the  influence  of  intoxicating  liquor,  and  thereby  unfit  for  the  proper  per- 
formance of  duty. 

CHARGE. — Drunkenness  on  guard. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  was, 

on  the  morning  of  the  twenty-second  day  of  November,  nineteen  hundred  and 
eight,  while  acting  as  corporal  of  the  guard  at  said  yard,  drunk  on  guard. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  was,  at  or  about  seven  hours  and  fifty  minutes  postmeridian  on  the 

nineteenth  day  of  April,  nineteen  hundred  and  nine,  while  a  member  of  the  day's 
guard  of  the  said  ship,  drunk  on  guard. 

CHARGE. — Drunkenness  on  post. 

Specification. — In  that  — ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having, 

on  the  eighteenth  day  of  July,  nineteen  hundred  and  eight,  been  regularly  posted 
as  a  sentinel  at  the  lyceum  at  said  navy-yard,  was  drunk  while  on  said  post. 

CHARGE  .—Embezzlement. 

Specification. — In  that ,  ordinary  seaman,  United  States  Navy,  alias 

,  formerly  private,  United  States  Marine  Corps,  now  attached  to 

and  serving  on  board  the  United  States  ship  Hancock,  at  the  navy-yard,  New 
York,  having,  on  or  about  the  first  day  of  September,  nineteen  hundred  and  eight, 
on  board  the  United  States  ship  Vermont,  then  at  Guantanamo  Bay,  Cuba,  and 
while  acting  as  mail  orderly  of  said  ship,  been  intrusted  as  such  mail  orderly 

with  the  sum  of  twelve  dollars  by  and  belonging  to  ,  ordinary 

seaman,  United  States  Navy;  the  sum  of  fifty  dollars  by  and  belonging  to 

,  master  at  arms,  third  class.  United  States  Navy;  and  the  sum  of  seventy- 
three  dollars  by  and  belonging  to ,  private,  United  States  Marine 

Corps,  all  of  the  aforesaid  men  being  at  the  time  above  mentioned  attached  to 
and  serving  on  board  the  said  ship  Vermont,  did  fraudulently  misappropriate 
and  convert  to  his  own  use  and  did  embezzle  the  several  sums  as  herein  set 
forth,  amounting  in  all  to  about  one  hundred  and  thirty-five  dollars,  lawful  money 
of  the  United  States. 

CHARGE.— Embezzlement,  in  violation  of  article  fourteen  of  the  Articles  for  the  Gov- 
ernment of  the  Navy. 

Specification.— In  that ,  a  paymaster  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  having,  between  the  first 

day  of  January  and  the  twenty-fifth  day  of  February,  nineteen  hundred  and  eight, 
both  days  inclusive,  issued  various  articles  of  provisions  to  the  officers'  and  other 

messes  of  said  ship ,  and  having  received  the  value  of  said  stores  in  lawful 

money  of  the  United  States,  in  the  amount  of  one  thousand  five  hundred  and 
twenty  dollars  and  sixty-two  cents,  or  thereabouts,  did  unlawfully  and  wholly 
fail  to  account  to  the  United  States  for  said  sum  or  any  part  thereof,  but  did  con- 


104  PKOCEEDINGS   OF  A  GENERAL  COURT-MARTIAL. 

vert  to  his  own  use  the  said  sum  of  one  thousand  five  hundred  and  twenty  dollars 
and  sixty-two  cents,  or  thereabouts,  lawful  money  of  the  United  States,  the  total 
amount  received  from  said  issues. 

Specification. — In  that ,  a  colonel  in  the  United  States  Marine  Corps, 

being  in  command  of  the  marine  barracks,  navy-yard, , ,  and  in  such 

capacity  having  in  his  possession  certain  public  stores  of  the  United  States,  includ- 
ing coal,  furnished  and  intended  for  the  use  of  troops,  hospital,  guard  room,  and 
ofiices  at  said  barracks,  and  duly  entrusted  to  his  charge  for  issue  for  said  purposes, 
did,  between  the  first  day  of  October,  nineteen  hundred  and  eight,  and  the  sixth 
day  of  March,  nineteen  hundred  and  nine,  both  days  inclusive,  in  violation  of 
said  trust,  embezzle,  and  knowingly  and  wilfully  apply  to  his  own  use  and  benefit, 
forty-eight  tons,  more  or  less,  of  anthracite  coal,  a  portion  of  the  aforesaid  public 

stores,  by  using  the  same  for  the  purpose  of  heating  his,  the  said 's  private 

quarters  at  said  barracks,  the  said  coal  aggregating  in  value  two  hundred  and  two 
dollars  and  eight  cents,  or  thereabouts,  lawful  money  of  the  United  States. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  having,  on  or  about  the 

twenty-fifth  day  of  February,  nineteen  hundred  and  nine,  received  a  lawful  order 
from  the  Secretary  of  the  Navy,  dated  February  fifth,  nineteen  hundred  and  nine, 

directing  him  to  transfer  to  Paymaster ,  United  States  Navy,  the 

public  funds  in  his  possession,  and  the  said ,  having  as  pay  officer  of  the 

said  ship ,  between  the  first  day  of  January  and  the  twenty-fifth  day  of 

February,  nineteen  hundred  and  eight,  both  days  inclusive,  received  the  sum 
of  one  thousand  and  twenty-five  dollars,  or  thereabouts,  lawful  money  of  the 

United  States,  for  provisions  sold  to  officers'  and  other  messes  of  said  ship , 

which  sum  should  have  been  transferred  to  his  relief.  Paymaster , 

United  States  Navy,  in  obedience  to  the  aforesaid  order,  did,  on  or  about  said 
twenty-fifth  day  of  February,  nineteen  hundred  and  nine,  on  board  said  ship 

,  fail  to  transfer  to  his  relief,  the  said  Paymaster ,  the  said  sum  of 

one  thousand  and  twenty-five  dollars;  and  the  said did  thereby  embezzle 

the  said  sum  from  moneys  of  the  United  States  in  his  custody,  the  amount 
received  for  provisions,  as  aforesaid. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  was,  on  the  thirty-first  day 

of  July,  nineteen  hundred  and  eight,  as  pay  ofiicer  of  said  ship,  justly  indebted 
to  the  United  States  in  the  sum  of  thirty-nine  thousand  five  hundred  and  seventy- 
three  dollars  and  five  cents,  moneys  of  the  United  States,  under  "General  account 
of  advances,"  for  the  safe-keeping  and  disbursement  of  which  sum,  in  accordance 

with  law,  he,  the  said ,  was  responsible;  whereas  he,  the  said ,  did 

have  on  hand  in  cash,  on  board  said  ship,  on  the  said  date,  the  sum  of  thirteen 
thousand  nine  hundred  and  seventy  dollars  and  five  cents,  and  subject  to  his 
check  in  the  subtreasuries  at  New  York  and  San  Francisco  the  total  sum  of  nine- 
teen thousand  three  hundred  and  twenty-three  dollars  and  ninety-one  cents, 
making  an  aggregate  sum  of  only  thirty-three  thousand  two  hundred  dollars  and 

ninety-six  cents  accounted  for;  and  the  said did,  in  and  by  rendering  a  false 

andfraudulentreturnof  balances  to  his  credit,  in  words  and  figures  as  follows:  *  *  * 
convert  to  his  own  use  the  sum  of  six  thousand  two  hundred  and  seventy-nine 
dollars  and  nine  cents,  or  thereabouts,  from  moneys  of  the  United  States  in  his 
custody,  said  sum  being  the  difference  between  the  amount  for  which  he  was 
accountable  to  the  United  States  and  the  amount  accounted  for  as  aforesaid. 

Specification. — In  that ,  a  paymaster's  clerk  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  having,  on  various  dates  between  July  fifteenth  and  October 


lEDINGS  OF  A  GENEBAL  COURT-MARTIAL.                  105 
tenth,  nineteen  hundred  and  eight,  been  entrusted  by  Paymaster , 


United  States  Navy,  the  pay  officer  of  said  ship,  with  sums  of  money  belonging 
to  the  United  States,  in  various  amounts,  furnished  and  intended  for  the  naval, 
service  thereof,  for  disbursement  for  the  purposes  of  said  service  during  the  tem- 
porary absence  of  said  Paymaster from  said  ship,  and  having,  on  the  first 

day  of  October,  nineteen  hundred  and  eight,  receipted  to  the  said  Paymaster 

for  moneys  so  entrusted  to  his  care  as  aforesaid  in  the  sum  of  one  thousand 

seven  hundred  and  one  dollars  and  forty-four  cents,  did,  between  the  said 
fifteenth  day  of  July  and  tenth  day  of  October,  nineteen  hundred  and  eight, 
knowingly  and  wilfully  misappropriate  and  apply  to  his  own  use  and  benefit, 
from  the  money  so  entrusted  to  him  at  various  times  as  aforesaid,  the  sum  of  nine 
hundred  and  seventy-one  dollars  and  eleven  cents,  or  thereabouts,  lawful  money 
of  the  United  States. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  attached 

to  and  serving  at  the  naval  station, , ,  did  on  or  about  the  first  day 

of  February,  nineteen  hundred  and  eight,  embezzle  and  wilfully  misappropriate 
and  apply  to  his  own  use  and  benefit  public  money  of  the  United  States,  to  wit, 
ten  thousand  dollars,  or  thereabouts,  lawful  money  of  the  United  States,  with 
which  money  he  was  officially  entrusted  for  disbursement  in  the  discharge  of  the 
duties  to  which  he  was  assigned  at  the  said  naval  station. 

Specification. — In  that  ,   a  paymaster  in  the  United  States  Navy, 

attached  to  and  serving  at  the  naval  station,  ,  ,  having  as  such, 

between  the  twenty-sixth  day  of  November,  nineteen  hundred  and  eight,  and 
the  first  day  of  March,  nineteen  hundred  and  nine,  had  placed  to  his  official 

credit  in  the  United  States  subtreasury,  — ,  ,  an  authorized  place  of 

deposit  for  public  funds,  the  sum  of  one  hundred  and  fifty  thousand  two  hundred 
and  forty-five  dollars  and  eighty-seven  cents,  or  thereabouts,  lawful  money  of 
the  United  States,  for  disbursement  at  the  naval  station  to  which  he  was  attached, 
and,  being  authorized  to  draw  from  the  same  only  as  might  be  required  for  pay- 
ments to  be  made  by  him  in  pursuance  of  law,  did,  on  or  about  the  first  day  of 
March,  nineteen  hundred  and  nine,  for  a  purpose  not  prescribed  by  law,  with- 
draw from  the  moneys  with  which  he  was  so  entrusted,  and  did  convert  to  his 
own  use,  the  sum  of  five  thousand  dollars,  by  drawing  a  check,  numbered 
thirty-eight  thousand  eight  hundred  and  seventy-seven,  in  favor  of  himself  for 
the  last-mentioned  amount,  and  receiving  the  money  for  the  same  from  the  First 

National  Bank  of  ,  ,  thereby  effecting  an  embezzlement  of  five 

thousand  dollars,  lawful  money  of  the  United  States,  so  withdrawn  and  converted. 

CHARGE.— Falsehood. 

Specification. — In  that ,  a  passed  assistant  surgeon  in  the  United  States 

Navy,  member  and  recorder  of  a  board  of  medical  examiners  in  session  at  the 

naval  hospital,  navy-yard,  ,  ,  having,  on  or  about  the  thirteenth 

day  of  October,  nineteen  hundred  and  eight,  refused,  on  account  of  alleged 
informalities,  to  record  the  proceedings  had  by  said  board  in  the  case  of  Ensign 

,  United  States  Navy,  did,  on  said  date,  state  to  Medical  Inspector 

,  United  States  Navy,  president  of  said  board,  that  he,  

,  had  referred  the  matter  of  his  action  in  refusing  to  record  the  proceedings 


of  the  board  as  aforesaid  to  the  Secretary  of  the  Navy,  who  had  sustained  his 
action  in  so  refusing,  which  said  statement  was  wholly  false  and  intended  to 

deceive,  as  he,  the  said ,  well  knew. 

Specification. — In  that ,  a  colonel  in  the  United  States  Marine  Corps, 

being  in  command  of  the  marine  barracks,  navy-yard, , ,  well  know- 
ing that  the  northwest  chimney  of  the  building  at  said  barracks  occupied  as 


106  PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL. 

officers'  quarters  was  in  a  dangerous  condition,  such  fact  having  been  officially 

reported  to  him  by  First  Lieutenant ,  United  States  Marine  Corps, 

on  the  second  day  of  April,  nineteen  hundred  and  nine,  and  ha\dng,  on  or  about 
the  tenth  day  of  April,  nineteen  hundred  and  nine,  received  from  the  Com- 
mandant of  the  United  States  Marine  Corps  a  telegram  of  that  date  substantially 
as  follows:    *    *    *^     did,  on  the  same  day,  send  to  said  commandant  a  telegram 

in  reply  substantially  as  follows:    *    *    *,     thesaid ,  well  knowing  that  the 

first  order  given  by  him  to  discontinue  the  use  of  said  defective  chimney  was 
not  issued  until  the  tenth  day  of  April  in  the  year  aforesaid,  and  that  so  much  of 
his  aforesaid  telegram  as  stated  that  he  had  ordered  discontinuance  of  the  use  of 
the  said  chimney  as  soon  as  the  defect  was  discovered  therein  was  wholly  false 
and  intended  to  deceive. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  did,  on  or  about  the  foiu-teenth 

day  of  April,  nineteen  hundred  and  nine,  in  the  pay  office  at  said  navy-yard, 

state  to ,  paymaster's  clerk.  United  States  Navy,  that  a  claim  of 

the  First  National  Bank  of  Key  West,  Florida,  in  the  amount  of dollars 

against  him,  the  said ,  had  been  satisfied,  he,  the  said ,  well  know- 
ing that  such  statement  made  by  him,  as  aforesaid,  was  false  and  intended  to 
deceive. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  then  attached  to  and  serving  on  board  the  United  States  ship , 

at  Shanghai,  China,  having  received  a  letter  from  the  Navy  Department  in 
words  and  figures  substantially  as  follows,  to  wit:  *  *  *^  did,  on  or  about 
the  twenty-eighth  day  of  December,  nineteen  hundred  and  eight,  address  to 
the  Secretary  of  the  Navy  a  letter,  in  words  and  figures  substantially  as  follows, 

to  wit:    *    *    *,     the  said  well  knowing  that  the  statements  contained 

in  his  said  letter  of  December  twenty-eight,  nineteen  hundred  and  eight,  to  the 
effect  that  he  received  the  sum  of  two  thousand  five  hundred  dollars  from  his 

former  clerk, ,  as  loan  and  not  in  any  sense  as  a  bond,  was  wholly 

false  and  intended  to  deceive. 

Specification. — In  that ,  a  captain  in  the  United  States  Marine  Corps, 

in  command  of  the  marine  barracks,  navy-yard,  ,  ,  acting  as  post 

treasurer  at  said  barracks,  and  being  in  such  capacity  charged  with  the  expendi- 
ture of  the  company  fund  thereof  and  the  purchase  of  supplies  for  the  use  of  the 
said  barracks,  did,  on  the  fourth  day  of  August,  nineteen  hundred  and  eight, 
upon  turning  over  the  command  of  said  barracks,  preliminary  to  his  detachment 

therefrom  on  said  day,  to  his  relief.  Captain ,  United  States  Marine 

Corps,  state  to  the  said ,  in  substance,  that  all  financial  claims  against  the 

barracks  aforesaid  had  been  settled,  and  that  there  were  then  no  debts  out- 
standing chargeable  to  the  said  company  fund;  whereas  he,  the  said  , 

well  knew  that  said  barracks  was,  on  the  day  above  mentioned,  indebted  to  one 
,  of  the  said  city  of ,  ,  in  the  sum  of  four  hundred  and 


eighty-three   dollars    and    sixty-five  cents   or   thereabouts,  and  to  one 


,  of , ,  in  the  sum  of  twenty-three  dollars  and  thirty  cents, 

for  supplies  funiished  by  them  to  said  barracks  during  the  fiscal  year  ending 
June  thirtieth,  nineteen  hundred  and  eight,  which  supplies  had  been  purchased 

from  them  on  credit  by  the  said for  the  use  of  the  barracks  aforesaid,  and 

were  a  proper  charge  upon  said  company  fund,  said  statement,  in  substance  above 

set  forth,  being  false,  and  as  such  made  by  the  said  ,  to  the  said 

knowingly  and  wilfully,  and  with  intent  to  deceive. 


PROCEEDINGS   OP  A  GENEHAL  COURT-MARTIAL.  10  7 

CHAEGE.— Forgery. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  while  attached  to  and  serving  on  board  the  United  States  ship , 

having,  on  or  about  the  fifteenth  day  of  January,  nineteen  hundred  and  nine, 
received  through  the  commanding  officer  of  said  ship  a  certificate  for  the  sum  of 
sixty  dollars  or  thereabouts,  in  United  States  money,  in  payment  of  an  indemnity 
for  loss  of  clothing,  issued  by  the  Auditor  for  the  Navy  Department  in  favor  of 
,  seaman,  attached  to  said  ship,  and  he,  the  said ,  well  know- 
ing that  the  said was,  at  the  time  of  the  receipt  by  him,  the  said , 


of  said  certificate,  a  deserter  from  the  United  States  naval  service,  did,  never- 
theless, for  the  purpose  of  obtaining  allowance  in  his  accounts,  of  the  said  claim 
of  sixty  dollars  or  thereabouts,  by  the  accounting  officers  of  the  Treasury,  present, 
among  his  official  vouchers,  the  aforesaid  certificate,  bearing  thereon  what  pur- 
ported to  be  the  signature  of  the  said ,  he,  the  said ,  well  knowing 

that  the  said  signature  was  a  forgery;  this  in  violation  of  the  fifth  clause  of  the 
fourteenth  article  of  the  Articles  for  the  Government  of  the  Navy. 

CHARGE.— Fraud,  in  violation  of  article  fourteen  of  the  Articles  for  the  Government 
of  the  Navy. 

Specification. — In   that  ,   a  paymaster  in  the  United   States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  did,  between 

the  first  day  of  July  and  the  thirtieth  day  of  September,  nineteen  hundred  and 
eight,  both  days  inclusive,  issue  various  articles  of  clothing  to  the  following- 
named  men  belonging  to  the  crew  of  the  said  ship,  to  wit: ,  sea- 
man;   ,  fireman  second  class; ,  ordinary  seaman;  and 

,  private;  and  did  neglect  and  fail  to  charge  for  the  same  as  such 

in  the roll  of  the  said  ship  for  the  then  current  quarter,  to  wit,  the  first 

quarter  of  the  fiscal  year  of  nineteen  hundred  and  nine,  but  in  lieu  thereof  did 
knowingly  and  fraudulently  charge  the  price  of  the  said  clothing  as  money 
received  by  the  aforesaid  men. 

Specification. — In   that  ,   a  paymaster  in  the  United   States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  did,  on  or  about 

the  third  day  of  July,  nineteen  hundred  and  eight,  the  said  ship  being  then  at 
anchor  off  Shanghai,  China,  purchase  for  the  following-named  men  belonging  to 
the  crew  of  the  said  ship,  drafts  for  the  respective  amounts  hereinafter  specified, 

and  did  pay  therefor  in  Mexican  money  as  hereinafter  stated,  to  wit:  

,  fireman  second  class,  ten  pounds  sterling,  paid  fifty-five  dollars  and 

sixty-five   cents  in  Mexican   money;  ,   seaman,    twelve  pounds 

sterling,   paid  sixty-six  dollars  and  seventy-eight  cents  in  Mexican  money; 

*    *    * ,  ordinary  seaman,  twenty-five  dollars  in  United  States 

money,  paid  twenty-nine  dollars  and  twenty-five  cents  in  Mexican  money;  and 
did  knowingly  and  fraudulently  charge  in  United  States  money  to  the  accounts 
of  the  aforesaid  men,  for  the  first  quarter  of  the  fiscal  year  of  nineteen  hundred 
and  nine,  the  number  of  dollars  paid  in  Mexican  money  for  said  drafts,  thereby 
making  fraudulent  overcharges  against  the  said  men,  amounting  in  the  aggre- 
gate to  one  hundred  and  sixty-five  dollars  and  seventy-six  cents  in  United 
States  money,  or  thereabouts. 

CHARGE.— Fraudulent  enlistment. 

Specification.— In  that ,  alias — ,  a  private  in  the  United 

States  Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy-yard, 

,  ,  did,  on  the  eighth  day  of  December,  nineteen  hundred  and 

eight,  at  said  barracks,  procure  himself  to  be  accepted  and  did  fraudulently 


108  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

enlist  as  a  private  in  the  United  States  Marine  Corps,  by  falsely  representing  that 
he  had  never  been  discharged  from  the  United  States  service  by  sentence  of  a 
military  court,  and  by  deliberately  and  wilfully  concealing  from  the  recruiting 
officer  the  fact  that  he  had  on  the  nineteenth  day  of  November,  nineteen  hun- 
dred and  eight,  been  dishonorably  discharged  from  the  United  States  Army, 
under  the  name  of ,  pursuant  to  the  sentence  of  a  general  court- 
martial;  and,  furthermore,  that  he,  the  said ,  alias ,  has,  at 

the  marine  barracks  aforesaid,  since  said  enlistment,  received  pay  and  allow- 
ances thereunder. 

Specification. — In  that ,  an  apprentice  seaman,  alias , 

formerly  apprentice  seaman,  United  States  Navy,  now  attached  to  and  serving 

on  board  the  United  States  ship —  at  the  navy-yard,  ,  ,  did, 

on  the  thirtieth  day  of  September,  nineteen  hundred  and  eight,  at  Atlanta, 
Georgia,  procure  himself  to  be  accepted  and  did  fraudulently  enlist  as  an  ap- 
prentice seaman  in  the  United  States  Navy,  under  the  name  of , 

by  falsely  representing  that  he  had  had  no  previous  service  in  the  United  States 
Navy,  and  that  he  had  never  been  discharged  from  the  United  States  service 
through  sentence  of  a  military  court  and  by  deliberately  and  wilfully  concealing 
from  the  recruiting  officer  the  fact  that  he  had,  on  the  twenty-third  day  of  April, 

nineteen  hundred  and  seven,  while  serving  under  the  name  and  rate  of 

,  apprentice  seaman,  been  dishonorably  discharged  from  the  United  States 


Navy  pursuant  to  a  sentence  of  a  general  court-martial;  and,  furthermore,  he, 
the  said -,  has  since  said  enlistment  received  pay  and  allowances  thereunder. 

Specification. — In  that ,  ordinary  seaman,  alias ,  coal  passer. 

United  States  Navy,  now  attached  to  and  serving  on  board  the  United  States  ship 

,  at  the  navy-yard, , ,  did,  on  the  twenty-first  day  of  February, 

nineteen  hundred  and  eight,  at  the  Navy  Recruiting  Station,  Chicago,  Illinois, 
procure  himself  to  be  accepted  and  did  fraudulently  enlist  as  a  coal  passer  in  the 

United  States  Navy  under  the  name  of by  falsely  stating  that  he 

had  had  no  previous  naval  service  and  that  he  had  never  deserted  from  the  United 
States  Navy,  and  by  deliberately  and  wilfully  concealing  from  the  recruiting 
officer  the  fact  that  he  had,  on  or  about  the  sixth  day  of  July,  nineteen  hundred 
and  six,  deserted  from  the  United  States  Navy  while  serving  under  the  name  and 
rate  of ,  ordinary  seaman,  and  was  a  deserter  at  large;  and  further- 
more that  he,  the  said ,  alias  — ,  has  since  said  enlistment  received  pay 

and  allowances  thereunder. 

Specif  cation. — In  that ,  an  apprentice  seaman  in  the  United  States  Navy, 

now  attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy- 
yard,  — ; ,  did,  on  the  twenty-eighth  day  of  August,  nineteen  hundred 

and  eight,  at  Kansas  City,  Missouri,  procure  himself  to  be  accepted  and  did  fraudu- 
lently enlist  as  an  apprentice  seaman  in  the  United  States  Navy  by  falsely  rep- 
resenting that  he  had  had  no  previous  service  in  the  United  States  Navy,  and  that 
he  had  never  been  discharged  from  the  United  States  service  except  for  reasons 
given  the  recruiting  officer  prior  to  enlistment,  and  by  deliberately  and  wilfully 
concealing  from  the  recruiting  officer  the  fact  that  he  had,  on  the  eleventh  day  of 
January,  nineteen  hundred  and  eight,  been  discharged  from  the  United  States 
Navy  for  physical  disability,  pursuant  to  a  recommendation  of  a  medical  board  of 
survey;  and  furthermore  that  he,  the  said ,  has  since  said  enlistment  re- 
ceived pay  and  allowances  thereunder. 

Specification. — In  that ,  an  apprentice  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  did,  on  the  twenty-fourth  day  of  June,  nineteen  hundred  and 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  109 

eight,  on  board  the  United  States  ship ,  at , ,  procure  himself 

to  be  accepted  and  did  fraudulently  enlist  as  an  apprentice  seaman  in  the  United 
States  Navy,  by  falsely  representing  that  he  had  had  no  previous  naval  service, 
and  by  deliberately  and  wilfully  concealing  from  the  recruiting  oflBcer  the  fact  that 
he  had,  on  the  seventeenth  day  of   November,  nineteen  hundred  and  seven, 

deserted  from  the  United  States  ship ,  at  the  navy-yard, , , 

under  the  name  of ;  and  furthermore,  that  he,  the  said has, 

on  board  said  ships and  ,  since  said  enlistment,  received  pay  and 

allowances  thereunder. 

Specification.— In  that ,  alias ,  an  ordinary  seaman  in  the 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States  ship 

,  at  the  naval  station,  ,  ,  did,  on  the  fifteenth  day  of  July, 

nineteen  hundred  and  eight,  on  board  the  United  States  ship ,  at  the  navy. 

yard^ ^ ^  procure  himself  to  be  accepted  and  did  fraudulently  enlist 

as  an  apprentice  seaman  in  the  United  States  Navy,  by  falsely  representing  that  he 
had  had  no  previous  naval  service,  and  by  deliberately  and  wilfully  concealing 
from  the  recruiting  officer  the  fact  that  he  had,  on  the  twenty-sixth  day  of  May, 

nineteen  hundred  and  seven,  been  discharged  from  the  United  States  ship , 

at  the  naval  station,  ,  ,  for  inaptitude,  under  the  name  of 

;  and  furthermore  that  he,  the  said ,  alias ,  has,  on  board  said 

ships  and  ,  since  said  enlistment,  received  pay  and  allowances 

thereunder. 

Spedfication. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, ,  ,  did, 

on  the  first  day  of  December,  nineteen  hundred  and  eight,  at  said  barracks,  pro- 
cure himself  to  be  accepted  and  did  fraudulently  enlist  as  a  private  in  the  United 
States  Marine  Corps,  by  falsely  representing  that  he  had  had  no  previous  naval 
service,  and  by  deliberately  and  wilfully  concealing  from  the  recruiting  officer 
the  fact  that  he  had,  on  the  sixth  day  of  July,  nineteen  hundred  and  eight,  been 
discharged  from  the  United  States  Navy,  as  an  apprentice  seaman,  pursuant  to 
the  sentence  of  a  summary  court-martial,  with  bad  conduct  discharge;  and  fur- 
thermore that  he,  the  said ,  has,  at  the  marine  barracks,  navy-yard, , 

,  since  said  enlistment,  received  pay  and  allowances  thereunder. 

CHARGE. — Improperly  hazarding  the  vessel  under  his  command,  in  consequence 
of  which  she  was  run  upon  a  rock  and  lost. 

Specification.— In  that  Commander ,  United  States  Navy,  then  in  com- 
mand of  the  United  States  ship ,  while  said  ship  was  at  sea  making  a  passage 

from to  ,  on  the  seventeenth  day  of  November,  nineteen  hundred 

and  eight,  about  nine  hours  postmeridian,  the  weather  at  the  time  being  thick  and 
foggy,  the  night  dark,  and  the  currents  uncertain,  did  issue  written  night  orders  in 

substance  as  follows:  That  during  the  night  the was  to  proceed  under  slow 

speed,  was  to  steer  a  course  of  southwest  one-half  south,  per  standard  compass, 
until  she  had  made  thirty  miles  on  that  course,  when  the  course  was  to  be  changed 
to  west-southwest  one-quarter  west,  per  standard  compass;   the  said  Commander 

knowing  at  the  time  he  issued  the  aforesaid  orders,  from  reports  which  had 

been  made  to  him  by  Lieutenant ,  United  States  Navy,  the  navi- 
gator of  said  ship  at  the  time,  and  from  calculations  which  he  and  the  said  Lieu- 
tenant   had  made  together,  that  the  said  ship would  be,  at  the  time 

the  course  was  to  be  changed  to  west-southwest  one-quarter  west,  per  standard 
compass,  in  obedience  to  the  aforesaid  night  orders,  about  thirty  miles  from  the 

Islands,  and  that  the  said  course  of  west-southwest  one-quarter  west,  per 

standard  compass,  would  head  the  said  ship almost  directly  for  the  said 

Islands,  which  islands  it  was  dangerous  to  approach  on  a  dark  and  foggy 


110  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

night,  and  in  issuing  the  aforesaid  night  orders  he,  the  said  Commander ,  did 

improperly  hazard  the  ship  under  his  command,  which  ship,  while  being  run  in 
obedience  to  the  aforesaid  night  orders,  ran  upon  a  rock  at  about  four  hours  and 
five  minutes  antemeridian  of  the  eighteenth  day  of  November,  nineteen  hundred 

and  eight,  which  rock  was  close  to  the  southeast  end  of  the  East Island, 

or  thereabouts,  and  in  consequence  of  which  striking  upon  the  aforesaid  rock 
the  said  ship was  lost. 

CHARGE. — Leaving  post  before  being  regiQarly  relieved. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having, 

at  or  about  eleven  o'clock  postmeridian  on  the  fourth  day  of  June,  nineteen 
hundred  and  nine,  been  regularly  posted  as  a  sentinel  on  post  number  four  at  said 
navy-yard,  did,  at  or  about  one  o'clock  antemeridian  on  the  fifth  day  of  said 
month,  leave  said  post  before  being  regularly  relieved. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  having,  on  the  eleventh  day  of  September,  nineteen  hundred  and 

eight,  been  regularly  posted  as  a  sentinel  over  prisoners  on  board  said  ship,  did, 
between  the  hours  of  six  and  eight  postmeridian  on  said  day,  leave  said  post 
before  being  regularly  relieved. 

CHABGE.— Leaving  station  before  being  regularly  relieved. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  having,  at  or  about  eight  o'clock  on  the  evening  of  the  twenty-fourth  day 


of  May,  nineteen  hundred  and  nine,  regularly  relieved  the  officer  of  the  deck  of 
the  said  ship,  did,  at  or  about  nine  o'clock  on  the  evening  of  the  said  day,  while 
oflBcer  of  the  deck  of  the  said  ship,  leave  his  station  before  being  regularly  re- 
.  lieved;  this  in  violation  of  the  ninth  clause  of  the  fourth  article  of  the  Articles 
for  the  Government  of  the  Navy. 

Specification. — In  that  Captain ,  United  States  Navy,  being  in  command 

of  the  navy-yard,  ,  -,  did,  without  authority,  place  a  subordinate 

officer  in  command  of  said  navy-yard  and  leave  his  station  before  being  regularly 
relieved:  This,  on  or  about  the  first  day  of  September,  nineteen  hundred  and 

eight,  when  yellow  fever  was  prevailing  in  the  city  of , ,  and  when 

the  oflicers  and  others  residing  at  and  in  the  immediate  vicinity  of  said  navy-yard 
were  apprehensive  of  the  approach  of  said  disease. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  , ,  did, 

on  the  morning  of  the  twenty-second  day  of  October,  nineteen  hundred  and  eight, 
while  acting  as  corporal  of  the  guard  at  the  main  gate  at  said  yard,  absent  himself 
from  his  station  before  being  regularly  relieved,  and  did  remain  so  absent  for  a 
period  of  about  one  hour. 

CHABGE. — Making  a  false  and.  fraudulent  official  report,  in  violation  of  article  four- 
teen of  the  Articles  for  the  Government  of  the  Navy. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 


,  did,  on  the  thirteenth  day  of  May,  nineteen  hundred  and  nine,  when 

his  accounts  as  pay  officer  of  said  ship  were  being  inspected,  and  the  cash  on 
hand  in  his  possession  as  such  pay  officer  was  being  verified  by  Pay  Inspector 

,  United  States  Navy,  in  obedience  to  a  telegraphic  order  from  the 

Secretary  of  the  Navy  to  the  said ,  dated  May  twelfth,  nineteen  hundred 


PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  Ill 

and  nine,  acknowledge  to  the  said that  he,  the  said ,  was  indebted  to 

the  United  States  in  the  sum  of  nine  thousand  eight  hundred  and  ninety-six 
dollars  and  eighty-seven  cents  on  account  of  money  had  and  received  under 

"General  account  of  advances;  "  and,  whereas,  the  said did  have  on  hand, 

in  cash,  on  board  the  said  ship ,  on  the  said  thirteenth  day  of  May,  the  total 

amount  of  one  thousand  seven  hundred  and  forty-three  dollars  and  eighty-five 
cents,  and  on  deposit  to  his  official  credit  in  the  subtreasury  at  New  York,  the  sum 
of  fifty-four  dollars  and  six  cents,  and  in  the  subtreasury  at  San  Francisco  the 
sum  of  six  hundred  and  thirty-two  dollars  and  sixty-three  cents,  making  a  total 
amount  of  six  hundred  and  eighty-six  dollars  and  sixty-nine  cents,  subject  to  hia 
check  in  the  aforesaid  subtreasuries,  and  an  aggregate  of  only  two  thousand  four 

hundred  and  thirty  dollars  and  fifty-four  cents  accounted  for,  he,  the  said , 

did  then  and  there  officially  report  to  the  said that  on  the  said  thirteenth 

day  of  May,  nineteen  hundred  and  nine,  there  was  on  deposit  to  his  credit  as  pay 

officer  of  the  said  ship ,  in  the  subtreasury  at  New  York,  the  sum  of  seven 

thousand  six  hundred  and  three  dollars,  the  said well  knowing  that  said 

report  was  false  and  fraudulent. 

CHARGE. — Making  false  and  fraudulent  official  reports,  in  violation  of  article  fourteen 
of  the  Articles  for  the  Government  of  the  Navy. 

Specification. — In  that ,  a  naval  constructor  in  the  United  States  Navy, 

being,  on  or  about  the  first  day  of  July,  nineteen  hundred  and  eight,  and  continu- 
ously thereafter  until  the  date  hereof,  attached  to  and  serving  at  the  navy-yard 

, ,  as  the  head  of  the department  at  said  yard,  and  it  being  a 

pari  of  his  duty  as  such  head  of  department  to  supervise  and  control  all  work  per- 
taining to  said  department  and  to  have  the  general  superintendence,  charge, 
direction,  and  mustering  of  all  persons  employed  in  said  department,  and  it  being 
also  a  .part  of  his  duty,  when  doing  work  for  another  department,  to  send  every 
morning  through  the  commandant  to  the  head  of  such  department  a  report  of  the 
number  and  class  of  men  employed,  with  their  rates  of  pay,  did,  from  time  to 
time,  between  the  twenty-eighth  day  of  March  and  the  thirtieth  day  of  June, 
nineteen  hundred  and  nine,  cause  to  be  prepared  and  transmitted  over  his  official 
signature,  as  the  head  of  the  department  of ,  to  the  heads  of  other  depart- 
ments at  said  yard,  to  wit,  to  the  heads  of  the  departments  of , ,  and 

,  statements  of  labor  performed  for  such  other  departments,  respectively, 

which  statements  contained  the  names  of  laborers  and  mechanics  who  were 
credited  with  having  rendered,  respectively,  one  and  five -eighths  (If)  days' 

service  on  certain  days  therein  specified;  whereas,  in  fact,  as  he,  the  said , 

well  knew,  such  laborers  and  mechanics  had  rendered  and  were  entitled  to  be 
credited  with  one  and  three-eighths  (1|)  days'  service  only  on  such  days;   and 

the  said  did,  therein  and  thereby,  make  false  and  fraudulent  official 

reports  of  labor  performed  by  employees  of  the  department  under  his  charge. 

CHARGE.— Making  and  using  false  papers,  in  violation  of  article  fourteen  of  the 
Articles  for  the  Government  of  the  Navy. 

Specification. — In  that ,  a  colonel  in  the  United  States  Marine  Corps,  being 

in  command  of  the  marine  barracks,  navy-yard,  , ,  having,  on  the 

third  day  of  October,  nineteen  hundred  and  eight,  made  a  requisition  on  Colonel 

,  quartermaster.  United  States  Marine  Corps,  in  words  and  figures 

substantially  as  follows:  *  *  *  and  the  said  quartermaster  of  the  Marine 
Corps,  on  the  fifth  day  of  the  same  month,  the  public  exigency  requiring  the 
immediate  delivery  of  the  articles  enumerated  in  said  requisition,  ordered  that 

they  be  procured  by  open  purchase,  and  the  said having  purchased  from 

,  Fulton  street,  Brooklyn,  New  York, ,  did,  on  or  about  the 

twenty -fourth  day  of  October,  nineteen  hundred  and  eight,  in  order  to  obtain  the 


112  PROCEEDINGS   OF  A  GENERAL   COURT-MARTIAL. 

approval,  and  payment  to  said  firm  for  such  articles,  of  its  claim  against  the 
United  States,  prepare  and  forward  to  the  said  quartermaster,  United  States 
Marine  Corps,  an  open  purchase  voucher,  in  words  and  figures  substantially  as 

follows:    ■'<•**    the  said ,  well  knowing  that  of  the  articles  enumerated 

in  said  voucher,  were  not  purchased,  inspected,  and  received  by  him  at 

the  navy-yard, , ,  and,  therefore,  that  the  certificates  on  said  voucher 

made  and  signed  by  him  that  the  said  articles  were  so  purchased,  inspected,  and 
received  were  false. 

CHARGE. — Maltreating  a  person  subject  to  his  orders. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship ,  did,  on  or  about  the  fifth  day  of 

March,  nineteen  hundred  and  nine,  while  the  said  ship  was  at ,  , 

maltreat ,  then  a  fireman  second  class  in  the  United  States  Navy, 

and  attached  to  and  serving  on  board  said  ship,  by  causing  him,  the  said , 

to  be  confined,  in  a  strait-jacket  on  board  said  ship,  and  to  be  kept  so  confined 
during  a  period  of  about  seven  days. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  New  London,  Connecti- 
cut, did,  between  the  hours  of  seven  and  eight  postmeridian  on  the  sixth  day 
of  April,  nineteen  hundred  and  nine,  wilfully  and  without  justifiable  cause  assault 

and  kick ,  mess  attendant  third  class,  United  States  Navy,  attached 

to  and  serving  on  board  the  said  ship. 

CHARGE.— Mayhem. 

Specification. — In  that ,  a  boilermaker  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  off , , 

did,  on  or  about  the  twenty-eighth  day  of  May,  nineteen  hundred  and  nine,  on 

board  said  ship,  assault ,  a  coal  passer.  United  States  Navy,  attached 

to  said  ship,  and  did  then  and  there  unlawfully  and  maliciously  bite  off  the  left 
forefinger  of  the  said ,  thereby  maiming  and  wounding  the  said . 

CHARGE.— Neglect  of  duty. 

Specification. — In  that,  on  the  second  day  of  February,  nineteen  hundred  and  nine, 

,  a  lieutenant  in  the  United  States  Navy,  attached  to  and  serving  as 

navigator  on  board  the  United  States  ship ,  making  passage  from to 

,  did,  although  the  weather  permitted,  neglect  and  fail  to  obtain  the  local 

deviation  of  the  compass  of  said  ship ;  and  the  said  Lieutenant did  thereby 

neglect  his  duty  as  navigator  of  said  ship. 

Specification. — In  that ,  a  chief  boatswain  in  the  United  States  Navy, 

commanding  United  States  coal  barge  number  two,  laden  with  coal,  at  sea,  in  tow 

of  the  United  States  ship ,  from to ,  did,  between  ten  hours 

postmeridian  of  the  nineteenth  day  of  December  and  six  hours  antemeridian  of  the 
twentieth  day  of  December,  nineteen  hundred  and  eight,  neglect  and  fail  to  keep 
himself  informed  at  proper  intervals  of  the  depth  of  water  in  said  barge  number 
two,  and  did  therein  and  thereby  neglect  his  duty  as  commanding  oflScer  of  said 
barge. 

Specification. — In  that ,  a  chief  boatswain  in  the  United  States  Navy, 

commanding  United  States  coal  barge  number  two,  laden  with  coal,  at  sea,  in  tow 

of  the  United  States  ship ,  from to ,  having,  between  ten  hours 

postmeridian  of  the  nineteenth  day  of  December  and  six  hours  antemeridian  of 
the  twentieth  day  of  December,  nineteen  hundred  and  eight,  neglect  and  fail  to 
cause  to  be  kept  a  steam  pressure  in  the  boiler  of  said  barge  sufficient  to  work  the 
pump,  and  did  therein  and  thereby  neglect  his  duty  as  commanding  officer  of 
said  barge. 


PKOCEEDINGS   OF  A  GENERAL  COUET-MAETIAL.  113 

S specification. — In  that ,  a  chief  boatswain  in  the  United  States  Navy, 

commanding  United  States  coal  barge  number  two,  laden  with  coal,  at  sea,  in  tow 

of  the  United  States  ship  ,  from to ,  having,  between  ten 

hours  postmeridian  of  the  nineteenth  day  of  December  and  six  hours  antemeridian 
of  the  twentieth  day  of  December,  nineteen  hundred  and  eight,  negligently 
allowed  water  to  enter  said  barge  to  a  hazardous  depth,  did,  at  or  about  seven  hours 
antemeridian  of  the  twentieth  day  of  December  in  the  year  aforesaid,  abandon 
said  barge  without  making  any  effort  to  free  her  from  such  water  or  to  save  any 

part  of  her  outfit,  and  the  said did  therein  and  thereby  neglect  his  duty  as 

commanding  officer  of  said  barge. 

Specification.— In  that ,  a  lieutenant,  junior  grade,  in  the  United  States 

Navy,  commanding  the  United  States  ship engaged  in  towing  coal  barge 

number  two,  laden  with  coal,  from  to  ,  which  barge  was,  at  or 

about  seven  hours  antemeridian  on  the  twentieth  day  of  December,  nineteen 
hundred  and  eight,  in  latitude  twenty-six  degrees  and  one  minute  north,  and 
longitude  seventy-nine  degrees  and  forty-seven  minutes  west,  or  thereabouts, 

abandoned  by  her  commanding  officer.  Chief  Boatswain ,  United 

States  Navy,  and  crew,  and  he,  the  said  — ,  having  been  informed  that  water 

had  entered  said  barge  to  a  hazardous  depth,  did  fail  to  send  a  relief  crew  on  board 
said  barge,  and  did  therein  and  thereby  neglect  his  duty. 

S specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having, 

at  or  about  five  hours  antemeridian  on  the  seventeenth  day  of  January,  nineteen 
hundred  and  nine,  been  regularly  posted  as  a  sentinel  over  prisoners  confined  in 
the  cell  passage  at  said  barracks,  the  three  doors  leading  to  said  passage  being 
locked  and  the  keys  thereof  in  the  possession  of  the  corporal  of  the  guard,  did 
nevertheless,  at  about  five  hours  and  forty-five  minutes  antemeridian  on  the  day 

aforesaid,  suffer  a  prisoner  confined  in  said  passage, ,  private, 

United  States  Marine  Corps,  to  escape  by  way  of  the  door  leading  from  said 

passage  to  the  arcade  of  the  said  barracks;  and  the  said did  thereby  neglect 

his  duty  as  sentinel  on  said  post. 

Specification. — In  that ,  a  corporal  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  being, 

on  the  twenty-ninth  day  of  January,  nineteen  hundred  and  nine,  on  duty  as 
corporal  of  the  prison  guard  at  said  barracks,  and  having,  at  or  about  seven  hours 
postmeridian  on  the  said  day,  taken  the  prisoners  under  his  charge,  eleven  in 

number,  more  or  less,  from  the  cells  on  board  the  United  States  ship ,  where 

they  were  confined,  to  the  sinks  on  the  dock  for  the  purpose  of  policing  said 
prisoners,  did,  after  said  prisoners  had  entered  the  sinks  aforesaid,  leave  them 

under  a  guard  consisting  of  two  sentinels,  and  did  go  aboard  said  ship , 

moored  to  the  dock  abreast  of  said  sinks,  where  he  remained  for  the  space  of  about 
ten  minutes,  and  upon  his  return  from  said  vessel  did  neglect  and  fail  to  verify 
the  number  of  said  prisoners  before  taking  them  again  on  board  said  ship  aforesaid; 

and  the  said did  therein  and  thereby  neglect  his  duty  as  corporal  of  the 

prison  guard,  in  consequence  of  which  neglect  one  of  the  prisoners  hereinbefore 

mentioned,  Private ,  United  States  Marine  Corps,  who  was  under 

sentence  of  a  general  court-martial,  and  awaiting  transfer  to  the  naval  prison, 
Boston,  did,  between  the  hours  of  seven  and  seven-thirty  postmeridian,  on  the  day 
aforesaid,  escape  from  the  custody  of  the  guard  and  from  the  limits  of  the  said 
navy-yard. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  the  naval  torpedo  station  at  Newport,  Rhode  Island,  as  a  member  of  the  class 
8483-10 8 


114  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

of  officers  under  instruction  at  said  station,  having,  on  or  about  the  thirtieth  day  of 
July,  nineteen  hundred  and  eight,  been  assigned  to  the  duty  of  performing  certain 
practical  exercises  before  a  board  of  officers  appointed  by  the  Secretary  of  the 
Navy  to  witness  the  examination  of  said  class,  did,  then  and  there,  wilfully  neglect 
to  perform  said  duty. 

CHABOE. — Negligence  in  obeying  orders. 

Specification. — In  that ,  a  first  lieutenant  in  the  United  States  Marine 

Corps,  attached  to  and  serving  at  the  marine  barracks,  navy-yard, , , 

having,  on  the  ninth  day  of  December,  nineteen  hundred  and  eight,  been  duly 
discharged  from  attendance  as  a  witness  before  a  court  of  inquiry  in  session  at  the 

navy-yard, , ,  with  orders  to  proceed  to  his  station,  did  neglect  and 

fail  to  report  in  obedience  thereto  until  about  four  hours  and  thirty  minutes  post- 
meridian on  the  fifteenth  day  of  said  month;   and  the  said was  thereby 

negligent  in  obeying  orders. 

CHABOE. — Negligent  and  careless  in  obeying  orders,  and  culpably  inefficient  in  the 
performance  of  duty. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship ,  having,  on  or  about  the  fourth  day 

of  December,  nineteen  hundred  and  eight,  said  vessel  being  then  in  the  port  of 
Yokohama,  Japan,  received  from  the  Bureau  of  Navigation,  Navy  Department,  a 
copy  of  Navy  Department  General  Order  number  eighteen,  dated  October  fif- 
teenth, nineteen  hundred  and  eight,  which  directs  that  the  captain  of  every 
cruising  ship  shall  require  the  navigator  to  furnish  as  full  and  complete  informa- 
tion as  possible  concerning  the  proper  navigation  of  ports  visited  and  the  ap- 
proaches to  said  ports,  and  that  such  information  be  forwarded  to  the  Hydro- 
graphic  Office,  Bureau  of  Equipment,  did,  notwithstanding  the  fact  that  the  said 

ship remained  at  anchor  in  the  said  port  of  Yokohama,  Japan,  from  the 

fourth  day  of  December,  nineteen  hundred  and  eight,  until  the  twenty-sixth  day 
of  February,  nineteen  hundred  and  nine,  and  that  important  changes  were  then 
being  made  in  said  port,  neglect  and  fail,  during  the  entire  time  embraced  be- 
tween said  dates,  to  take  any  steps  to  carry  out  the  provisions  of  the  order  afore- 
said, and  the  said  Commander was  thereby  negligent  and  careless  in  obey- 
ing orders,  and  culpably  inefficient  in  the  performance  of  his  duty  as  commanding 
officer  of  the  said  ship  . 

CHABGE. — Perjury. 

Specification. — In  that ,  a  coal  passer  in  the  United  States  Navy,  a 

prisoner  in  the  United  States  naval  prison,  at  the  navy-yard,  ,  , 

having,  on  the  twenty-fourth  day  of  February,  nineteen  hundred  and  nine,  been 
duly  sworn  as  a  witness  before  a  general  court-martial,  by  the  president  thereof, 

said  court-martial  being  then  convened  on  board  the  United  States  ship at 

Panama,  Republic  of  Panama,  did,  wilfully  and  contrary  to  said  oath,  testify  as 
follows  (here  quote  verhatim  the  testimony  containing  false  statements),  which 
testimony  that  (here  quote  verbatim  the  false  statement)  was  false;  whereas,  in 
truth  and  in  fact  (here  allege  affirmatively  what  was  the  truth);  and  the  said  false 

testimony  was  known  by  the  said to  be  false,  was  material  to  the  issue  then 

and  there  being  tried,  and  was  given  with  intent  to  deceive  the  said  general 
court-martial. 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  115 

CHARGE. — Persistent  delinquency  in  the  rendition  of  accounts,  in  violation  of  sec- 
tion twelve  of  an  act  of  Congress  entitled  "An  act  making  appropriations  for  the 
legislative,  executive,  and  judicial  expenses  of  the  Government  for  the  fiscal  year 
ending  June  thirtieth,  eighteen  hundred  and  ninety-five,  and  for  other  purposes." 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  attached  to  and  serving  as  such  on  board  the  United  States  ship 

,  did  fail  to  mail  or  otherwise  send  to  the  properofRcer  at  Washington,  within 

twenty  days  after  the  period  to  which  they  related,  his  quarterly  accounts  for 
the  second  quarter  of  the  fiscal  year,  nineteen  hundred  and  eight,  being  the  quarter 
ending  on  the  thirty-first  day  of  December,  nineteen  hundred  and  seven;  and 
further,  did  fail  to  mail  or  otherwise  send  to  the  proper  officer  at  Washington, 
within  twenty  days  after  the  period  to  which  they  related,  his  quarterly  accounts 
for  the  third  quarter  of  the  fiscal  year  nineteen  hundred  and  eight,  being  the 
quarter  ending  on  the  thirty-first  day  of  March,  nineteen  hundred  and  eight;  and 
further,  did  fail  to  mail  or  otherwise  send  to  the  proper  ofiicer  at  Washington, 
within  twenty  days  after  the  period  to  which  they  related,  his  quarterly  accounts 
for  the  fourth  quarter  of  the  fiscal  year  nineteen  hundred  and  eight,  being  the 
quarter  ending  on  the  thirtieth  day  of  June,  nineteen  hundred  and  eight;  and 
further,  did  fail  to  mail  or  otherwise  send  to  the  proper  officer  at  Washington, 
within  twenty  days  after  the  period  to  which  they  related,  his  quarterly  accounts 
for  the  first  quarter  of  the  fiscal  year  nineteen  hundred  and  nine,  being  the 
quarter  ending  on  the  thirtieth  day  of  September,  nineteen  hundred  and  eight. 

CHARGE. — Refusing  to  obey  the  lawful  order  of  his  superior  officer. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

,  ,  having,  on  the  twelfth  day  of  February,  nineteen  hundred  and 

eight,  been  ordered  by  Lieutenant-Commander ,  United  States 

Navy,  the  executive  officer  of  said  ship,  to  clean  bright  work,  did  refuse  to  obey, 
and  did  wilfully  disobey,  the  said  lawful  order  of  his  superior  officer,  the  said 

Lieutenant-Commander ,  who  was  then  and  there  in  the  execution  of  his 

office. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  anchor  off 

Tompkins ville,  Staten  Island,  New  York,  having  on  the  sixteenth  day  of  June, 

nineteen  hundred  and  nine,  been  ordered  by '■ ,  chief  master  at  arms. 

United  States  Navy,  attached  to  said  ship,  to  go  on  the  berth  deck  of  said  ship  and 
perform  extra  duty  in  accordance  with  the  sentence  of  a  summary  court-martial, 
did  refuse  to  obey  and  did  wilfully  disobey  the  said  lawful  order  of  his  superior 

officer,  the  said  Chief  Master  at  Arms ,  who  was  then  and  there  in  the 

execution  of  his  office. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at , ,  having 

on  the  sixth  day  of  June,  nineteen  hundred  and  eight,  while  on  shore  at  said 
place  as  a  member  of  a  landing  party  for  the  protection  of  the  United  States  con- 
sulate, been  ordered  by  Midshipman ,  United  States  Navy,  attached 

to  said  ship,  to  cease  being  noisy  and  disorderly,  did  refuse  to  obey,  and  did 
wilfully  disobey,  the  said  lawful  order  of  his  superior  officer,  the  said  Midshipman 
,  who  was  then  and  there  in  the  execution  of  his  office. 


116  PROCEEDINGS  OF  A  GENERAL   COURT-MARTIAL. 

CHARGE. — Rendering  false  and  fraudulent  returns  of  balances  to  Ms  credit,  in  viola- 
tion of  article  fourteen  of  the  Articles  for  the  Government  of  the  Navy. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  while 

attached  to  and  serving  as  such  on  board  the  United  States  ship ,  did  render 

to  the  Bureau  of  Supplies  and  Accounts,  Navy  Department,  a  monthly  summary 
statement  for  the  month  ending  August  thirty-first,  nineteen  hundred  and  eight, 
in  which  he  reported  that,  of  the  balance  due  to  the  United  States  by  him  as  pay 

officer  of  the  said  ship  ,  there  was  on  deposit  in  the  subtreasury  under 

"General  account  of  advances,"  on  the  thirty-first  day  of  August,  nineteen  hun- 
dred and  eight,  the  sum  of  twenty-four  thousand  two  hundred  and  six  dollars; 
whereas,  on  the  said  date  there  was  on  deposit  to  his  credit,  in  the  subtreasury  at 
New  York,  the  sum  of  seven  thousand  seven  hundred  and  three  dollars  and 
thirty-three  cents,  with  outstanding  checks  against  said  credit  amounting  to  six 
hundred  and  twenty-five  dollars,  and  in  the  subtreasury  at  San  Francisco  the 
sum  of  thirteen  thousand  five  hundred  and  eighty-seven  dollars  and  fifty-eight 
cents,  with  outstanding  checks  against  said  credit  amounting  to  one  thousand  seven 
hundred  and  sixty-nine  dollars  and  ninety  cents;  and,  whereas,  there  remained 

subject  to  check  by  the  said in  the  subtreasury  at  New  York  the  sum  of 

seven  thousand  and  seventy-eight  dollars  and  thirty-three  cents,  and  in  the  sub- 
treasury  at  San  Francisco  the  sum  of  eleven  thousand  eight  hundred  and  seven- 
teen dollars  and  sixty-eight  cents,  making  a  total  amount  of  only  eighteen 
thousand  eight  hundred  and  ninety-six  dollars  and  one  cent  subject  to  his  check 
in  the  aforesaid  sub  treasuries,  the  said did,  in  and  by  said  summary  state- 
ment, knowingly  and  wilfully  render  a  false  and  fraudulent  return  of  balances 
to  his  credit  in  the  sub  treasuries  at  New  York  and  San  Francisco,  as  aforesaid. 

CHARGE. — Resisting  arrest. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  at  about  four  hours  and  thirty  minutes  postmeridian  on  the  twenty- 


fourth  day  of  August,  nineteen  hundred  and  eight,  while  being  placed  in  confine- 
ment by ,  master  at  arms,  first  class.  United  States  Navy,  forcibly 

resist  arrest. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  or  about  the  twenty-fifth  day  of  September,  nineteen  hundred  and  eight,  at 

said  navy-yard,   while  being  placed  under  arrest  by  Corporal , 

United  States  Marine  Corps,  on  duty  as  corporal  of  the  guard  at  said  barracks, 
forcibly  resist  arrest. 

CHARGE  .—Robbery . 

Specification. — In  that ,  a  trumpeter  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks.  Marine  Officers'  School,  Port 
Royal,  South  Carolina,  did,  on  or  about  the  third  day  of  April,  nineteen  hundred 
and  nine,  in  Carteret  Creek,  near  said  school,  with  force  and  arms,  feloniously 

make  an  assault  upon ,  a  constable  of  Beaufort  County,  in  said 

State,  then  and  there  in  the  execution  of  his  office,  and  did  feloniously  rob,  steal, 

take,  and  carry  away  from  him,  the  said  Constable ,  two  barrels  of  beer, 

value  unknown,  lawfully  seized  and  held  by  him,  the  said  Constable , 

under  the  laws  of  the  State  and  county  aforesaid. 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  117 

CHARGE. — Robbery,  in  violation  of  clause  sixteen  of  article  eight  of  Articles  for  the 
Government  of  the  Navy. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  now  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, '-, 

— ,  did,  on  or  about  the  twenty-second  day  of  February,  nineteen  hundred 


and  eight,  while  on  liberty  from  the  United  States  ship ,  at  San  Francisco, 

California,  by  violence,  feloniously  take,  steal,  and  carry  away  from  the  person  of 

,  blacksmith,  United  States  Navy,  attached  to  said  ship , 

the  sum  ol  fifteen  dollars,  lawful  money  of  the  United  States. 

CHARGE. — Scandalous  conduct  tending  to  the  destruction  of  good  morals. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  while 

attached  to  and  serving  on  board  the  United  States  ship ,  at  Havre,  France, 

did,  on  or  about  the  thirteenth  day  of  September,  nineteen  hundred  and  eight, 
by  reason  of  the  excessive  use  of  intoxicants,  become  incapacitated  for  the  proper 
performance  of  duty. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  did,  on  or  about  the  third  day  of 

January,  nineteen  hundred  and  nine,  procure  as  a  loan  from ,  then 

an  employee  of  the  ordnance  department  of  said  navy-yard,  and  a  subordinate  of 
the  said ,  a  sum  of  money,  to  wit,  one  hundred  dollars. 

Specification. — In  that ,  a  boatswain's  mate,  second  class,  and 

,  an  ordinary  seaman,  in  the  United  States  Navy,  attached  to  and  serving 


on  board  the  United  States  ship ,  in  the  harbor  of , ,  were,  on 

or  about  the  thirteenth  day  of  May,  nineteen  hundred  and  nine,  in  the  construc- 
tion storeroom  of  said  ship,  found  lying  together,  each  with  his  person  indecently 
exposed  and  in  contact  with  that  of  the  other. 

Specification.— In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  having,  between  the  twenty- 
sixth  day  of  March  and  the  third  day  of  April,  nineteen  hundred  and  nine,  become 

indebted  to ,  confectioner,  of  Berkley,  Virginia,  in  the  sum  of  five 

dollars  and  sixty-three  cents,  for  goods  furnished,  under  promise  that  he  would 
in  a  few  days  make  payment  therefor,  did  neglect  and  fail,  and  has  ever  since 
neglected  and  failed,  to  pay  to  said ,  the  sum  of  five  dollars  and  sixty- 
three  cents,  or  any  portion  thereof. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  did,  on  or  about  the  first  day  of 

March,  nineteen  hundred  and  nine,  induce ,  of  Norfolk,  Virginia, 

to  cash  a  check  drawn  by  him,  the  said ,  upon  the  Bank  of  Berkley,  in  the 

sum  of  ten  dollars;  and  he,  the  said ,  well  knowing  that  he  did  not  have 

at  the  time  of  drawing  said  check  suflBcient  funds  in  said  bank  to  provide  for  its 
payment,  did  thereafter  wholly  neglect  and  fail  to  provide  therefor,  and  did 
allow  said  check,  upon  presentation  at  said  bank,  to  be  dishonored  because  of  the 
fact  that  he,  the  said ,  had  at  that  time  no  funds  on  deposit. 

Specification. — In  that ,  a  yeoman,  second  class,  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at  the 

navy-yard, , ,  having,  on  or  about  the  eighteenth  day  of  May,  nine- 
teen hundred  and  nine,  procured  from ,  a  fireman,  first  class,  in 

the  United  States  Navy,  attached  to  said  vessel,  the  sum  of  one  hundred  dollars, 
as  set  forth  in  the  first  specification  of  this  charge,  and  having,  on  or  about  the 

twenty-ninth  day  of  said  month,  been  reproached  by  the  said for 

not  procuring  his  transfer  to  the  United  States  ship ,  did  refund  the  sum 


118  PKOCEEDINGS  OF  A  GENERAL  COURT-MABTIAL. 

of  ten  dollars  only,  and  did  then  and  there  withhold,  and  has  ever  since  withheld 

from  said ,  the  remainder  of  said  money,  to  wit,  the  sum  of  ninety 

dollars  or  thereabouts. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  having,  on  or  about  the  tenth 

day  of  March,  nineteen  hundred  and  nine,  become  justly  indebted  to 

,  of  the  city  of  Philadelphia,  Pennsylvania,  in  the  sum  of  two  hundred 


dollars,  and  having  paid  to  the  said ,  on  or  about  the  fourth  day  of  May, 

nineteen  hundred  and  nine,  the  sum  of  twenty-five  dollars,  and  being  thereafter, 
to  wit,  since  about  the  eleventh  day  of  July,  nineteen  hundred  and  nine,  justly 
indebted  to  the  said in  the  sum  of  one  hundred  and  fifty  dollars,  did,  not- 
withstanding repeated  attempts  on  the  part  of  the  said to  collect  such 

indebtedness,  neglect  and  fail,  and  has  ever  since  neglected  and  failed,  to  pay  to 
the  said the  said  sum  of  one  hundred  and  fifty  dollars,  or  any  part  thereof. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  having  between  the  third  day 

of  December,  nineteen  hundred  and  eight,  and  the  first  day  of  March,  nineteen 

hundred  and  nine,  become  indebted  to ,  of  Norfolk,  Virginia,  in 

the  sum  of  twenty-seven  dollars  and  twenty-five  cents,  and  having  paid  to  said 
company  on  the  twenty-fifth  day  of  January,  nineteen  hundred  and  nine,  the 
sum  of  five  dollars,  and  on  the  twenty-seventh  of  said  month  the  sum  of  four 
dollars,  and  being  thereafter,  to  wit,  since  about  the  twenty-seventh  day  of 

January,  nineteen  hundred  and  nine,  indebted  to in  the  sum  of 

eighteen  dollars  and  twenty-five  cents,  did,  although  often  requested  so  to  do, 
neglect  and  fail,  and  has  ever  since  neglected  and  failed,  to  pay  to  said  company 
the  said  sum  of  eighteen  dollars  and  twenty-five  cents,  or  any  portion  thereof. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard, , ,  being,  on  or  about  the  fifth  day 

of  February,  nineteen  hundred  and  nine,  indebted  to  the  First  National  Bank, 
of  Key  West,  Florida,  for  or  on  account  of  cash  theretofore  advanced  and  loaned 
to  him  by  said  bank,  did,  on  or  about  said  day,  for  the  ostensible  purpose  of  satis- 
fying such  indebtedness,  transmit  to  the  said  bank  pay  receipts,  dated  April 

fifth,  nineteen  hundred  and  nine,  and  duly  signed  by  him,  the  said , 

acknowledging  the  receipt  from  Pay  Director ,  United  States  Navy, 

of  the  sum  of  one  hundred  dollars;  and  the  said did,  nevertheless,  draw 

from  Pay  Director ,  before  the  presentation  of  said  pay  receipts,  all  pay 

due  him  up  to  the  date  of  said  receipts,  he,  the  said ,  well  knowing  that  by 

thus  drawing  his  pay  he  prevented  the  First  National  Bank  of  Key  West  from 
receiving  the  sum  of  one  hundred  dollars  for  which  such  receipts  were  given  as 
aforesaid. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  or  about  the  thirteenth  day  of  January,  nineteen  hundred  and  nine,  at  the 
subtreasury  of  the  United  States,  New  York,  with  intent  then  and  there  to  de- 
fraud the  United  States,  present  for  payment  and  cause  to  be  paid  him  the  amount 
of  a  check  drawn  upon  the  Assistant  Treasurer  of  the  United  States,  at  Philadel- 
phia, Pennsylvania,  by  Paymaster ,  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard  aforesaid, 

payable  to  the  order  of ,  said  check  being  in  tenor  as  follows: 

*    *    *;  which  said  check  was  falsely  indorsed  as  follows:  *    *    *;  the  said 

well  knowing  that  the  said  indorsements  of and 

upon  said  check  were  forged  thereon. 


PBOCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  119 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  having,  on  or  about  the 

twenty-fourth  day  of  August,  nineteen  hundred  and  eight,  in  the  cabin  of  said 

ship,  promised  Commander ,  United  States  Navy,  the  commanding 

officer  of  said  ship,  that  he,  the  said ,  would  in  future  abstain  from  the  use  of 

any  intoxicants,  either  on  shore  or  on  board  ship,  while  attached  to  the ,  or 

while  that  ship  was  under  the  command  of ,  did,  nevertheless,  on  or  about 

the  thirteenth  day  of  September,  nineteen  hundred  and  eight,  on  board  the , 

and  the  said being  still  attached  to  and  serving  on  board  said  ship,  become 

intoxicated,  in  violation  of  his  promise  as  hereinbefore  set  forth. 

Specification. — In  that ,  a  chaplain  in  the  United  States  Navy,  did,  on 

or  about  the  eighth  day  of  August,  eighteen  hundred  and  ninety-eight,  in  the 
course  of  a  lecture  delivered  by  him  in  Trinity  Methodist  Episcopal  Church, 

, ,  before  an  audience  of  about  four  hundred  persons,  refer  to  the 

naval  battle  of  July  third,  eighteen  hundred  and  ninety-eight,  near  Santiago, 
Cuba,  between  certain  vessels  of  the  United  States  naval  force,  under  the  com- 
mand of  his  superior  officer,  Rear-Admiral ,  and  a  Spanish  fleet 

commanded  by  Rear-Admiral ,  in  language  substantially  as  follows: 

*    *    *,  or  language  of  like  import. 

Specification. — In  that ,  a  first  lieutenant  in  the  United  States  Marine 

Corps,  attached  to  and  serving  at  the  marine  barracks,  navy-yard, , 

a  married  man,  did,  on  or  about  the  sixteenth  day  of  January,  nineteen  hundred 

and  eight,  write  and  cause  to  be  delivered  to ,  a  young  girl  residing 

in  the  city  of ,  and  a  student  in  the  high  school  of  that  city,  a  letter  in  the 

words  and  figures  following,  to  wit:  *    *    *,  which  said  letter  was  written  and 

sent  as  aforesaid,  for  the  purpose  of  enticing  the  said to  elope  with 

him,  the  said . 

Specification. — In  that ,  a  yeoman  second  class  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at  the 

navy-yard,  , ,  did,  on  or  about  the  eighteenth  day  of  April,  nine- 
teen hundred  and  nine,  represent  to ,  a  fireman  first  class  in  the 

United  States  Navy,  attached  to  said  ship,  that  the  sum  of  one  hunderd  dollars 

was  necessary  to  be  paid  to  him,  the  said ,  for  the  purpose  of  influencing 

certain  parties  to  procure  said -'s  transfer  to  the  United  States  ship , 

under  the  provisions  of  article  — ,  United  States  Navy  Regulations  of  nineteen 

hundred  and  nine,  and  did,  by  said  representation,  procure  from  said the 

said  sum  of  one  hundred  dollars  for  said  purpose. 

Specification. — In  that ,  a  gunner  in  the  United  States  Navy,  attached 

to  and  serving  at  the  navy-yard,  ,  ,  having,  on  or  about  the  third 

day  of  January,  nineteen  hundred  and  nine,  procured  as  a  loan  from  

the  sum  of  one  hundred  dollars  under  promise  that  he  would  repay  said 

sum  in  two  equal  installments  of  fifty  dollars,  fifteen  and  thirty  days,  respectively, 
after  date  on  which  the  loan  was  made,  and  having  at  various  times  between 
said  third  day  of  January  and  the  first  day  of  March,  nineteen  hundred  and  nine, 

'  paid  to  the  said  sums  of  money  aggregating  seventy-five  dollars,  and 

being  thereafter,  to  wit,  since  said  first  day  of  March,  nineteen  hundred  and 
nine,  indebted  to  the  said in  the  sum  of  twenty-five  dollars,  did,  in  viola- 
tion of  the  agreement  and  promise  upon  which  said  loan  was  obtained,  neglect 

and  fail,  and  has  ever  since  neglected  and  failed,  to  pay  to  the  said the 

said  sum  of  twenty-five  dollars,  or  any  portion  thereof. 

Specification. — In  that ,  a  carpenter  in  the  United  States  Navy,  now 

attached  to  and  serving  at  the  naval  station, , ,  having,  during  the 

month  of  May,  nineteen  hundred  and  nine,  or  thereabouts,  induced , 


120  PKOCEEDINGS   OF  A  GENERAL   COUET-MARTIAL. 

of  the  city  of  Portsmouth,  Virginia,  to  con\ey  a  house  and  lot  owned  by  the  said 

in  said  city  of  Portsmouth,  by  deed  of  trust  to  the  Twin  City  Building 

Association,  of  Norfolk,  Virginia,  to  secure  a  loan  made  by  said  association  to 

him,  the  said ,  under  promise  that  he,  the  said -,  would  return  such 

loan  in  monthly  installments  and  that  the  property  of  the  said would  not 

be  jeopardized,  and  the  said having,  up  to  the  month  of  August,  nineteen 

hundred  and  nine,  made  payments  to  said  building  association  on  account  of  the 
return  of  said  loan,  has,  since  said  month  of  August,  nineteen  hundred  and  nine, 
wholly  neglected  and  failed  to  make  such  payments,  in  consequence  of  which 

neglect  and  failure  on  the  part  of  the  said the  house  and  lot  of  the  said 

have  become  subject  to  seizure  by  said  building  association  for  satisfaction 

of  its  claim. 

Specification. — In  that ,  a  paymaster  in  the  United  States  Navy,  having, 

on  or  about  the  eighth  day  of  March,  nineteen  hundred  and  nine,  in  the  city  of 

San  Francisco,  California,  received  from  Rear-Admiral ,  United 

States  Navy,  then  commandant  of  the  navy-yard,  Mare  Island,  California,  an 

order  directing  him  to  report  in  person  to  the  said  Rear-Admiral ,  was,  on 

or  about  the  ninth  day  of  March,  in  the  year  aforesaid,  upon  his  arrival  at  said 
navy-yard,  so  much  under  the  influence  of  intoxicating  liquor  as  to  be  unfit  to 
report  his  arrival  to  the  said  commandant. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United  States 

Navy,  then  attached  to  and  serving  on  board  the  United  States  ship ,  at 

the  navy-yard, , ,  having,  on  or  about  the  ninth  day  of  November, 

nineteen  hundred  and  eight,  received  from  Mrs. ,  of  Vallejo,  Cali- 
fornia, the  mother  of ,  then  a  paymaster's  clerk  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  said  ship ,  the  sum  of  two 

thousand  five  hundred  dollars,  lawful  money  of  the  United  States,  as  a  deposit  in 

guaranty  of  the  faithful  performance  of  duty  by  the  said ,  such  sum  to  be 

retiuned  upon  the  termination  of  the  services  of  the  said  ,  and  the  said 

having,  on  or  about  the  thirty-first  day  of  July,  nineteen  hundred  and 

nine,  resigned  his  appointment  as  such  paymaster's  clerk,  and  having  thus  sev- 
ered his  connection  with  the  naval  service,  the  said did  then  fail,  and 

has  ever  since  wholly  failed,  to  return  to  the  said ,  or  to  her  estate, 

the  said  sum  of  two  thousand  five  hundred  dollars,  or  any  part  thereof. 

Specification. — In  that ,  a  passed  assistant  surgeon  in  the  United  States 

Navy,  member  and  recorder  of  a  board  of  medical  examiners,  in  session  at  the 

naval  hospital, , ,  having,  on  or  about  the  thirteenth  day  of  October, 

nineteen  hundred  and  eight,  refused,  on  account  of  alleged  informalities,  to 

record  the  proceedings  had  by  said  board  in  the  cases  of  Ensigns 

and ,  United  States  Navy,  did,  on  said  date,  state  to  Captain 

,  United  States  Navy,  the  commandant  of  the  navy-yard, , , 

that  he,  ,  had  referred  the  matter  of  his  action  in  refusing  to  record  the 

proceedings  of  the  board  as  aforesaid  to  the  Secretary  of  the  Navy,  who  had  sus- 
tained his  action  in  so  refusing,  which  said  statement  was  wholly  false,  as  he, 
the  said ,  well  knew,  and  did  then  and  there  exhibit  to  the  said  comman- 
dant a  telegram  which  he,  the  said ,  falsely  alleged  to  be  a  reply  from  the 

said  Secretary  of  the  Navy  to  his  inquiry  in  reference  to  his  action  in  refusing  to 

record  the  proceedings  of  the  board  as  aforesaid,  the  said intending  thereby 

to  deceive  the  said  commandant. 

Specification.— In  that ,  a  first  lieutenant  in  the  United  States  Marine 

Corps,  attached  to  and  serving  at  the  marine  barracks,  navy-yard, , , 

did,  at  about  four  o'clock  on  the  morning  of  the  twentieth  day  of  January,  nine- 
teen hundred  and  nine,  engage  in  a  brawl  in  a  saloon  on street  in  the  said 


PEOCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  121 

city  of r,  and  was  thereupon  publicly  arrested  by and 

,  police  officers  of  said  city,  and  confined  in  the  police  station. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship  — ^ ,  and  being,  on 

or  about  the  eighteenth  day  of  January,  nineteen  hundred  and  nine,  temporarily 

one  of  the  crew  of  a  boat  belonging  to  that  vessel,  in  charge  of  Boatswain 

,  which  boat  was  engaged  in  picking  up  the  dead  bodies  of  persons  who 


lost  their  lives  by  the  wreck  of  the  steamer  City  of  Columbus,  near  Gay  Head, 
Massachusetts,  and  while  the  crew  of  said  boat  was  occupied  in  picking  up  three 
of  the  dead  bodies  aforesaid  which  were  found  floating  in  the  waters  of  Vineyard 
Sound,  or  while  said  bodies  remained  in  said  boat  and  prior  to  their  delivery  on 
shore,  did  feloniously  abstract  and  take  from  one  of  said  bodies  a  watch  and 
chain,  and  did  also  feloniously  abstract  and  take  from  the  same  or  another  of  the 
said  bodies  certain  bank  bills  or  notes,  being  lawful  currency  of  the  United  States 
and  representing  a  certain  money  value  according  to  the  denominations  thereof, 
and  did,  with  felonious  intent,  secrete  such  watch,  chain,  and  bank  bills  or 
notes  upon  or  about  his  person,  and  did  thereafter  wrongfully  and  knowingly 
appropriate  the  same  to  his  own  use  and  benefit. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  now 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  naval 

station , ,  having  become  justly  indebted  to ,  proprietor 

of  the  Sturtevant  House,  New  York  City,  in  the  amount  of  ninety  dollars,  did, 

while  attached  to  the  United  States  Fish  Commission  steamer ,  on  or  about 

the  first  day  of  November,  nineteen  hundred  and  eight,  in  consideration  of  such 
indebtedness,  make  and  cause  to  be  delivered  to  the  said a  promis- 
sory note,  in  the  words  and  figures  following,  to  wit:  *  *  *^  and  the  said 
promissory  note  having,  on  the  fourteenth  day  of  December,  nineteen  hundred 
and  eight,  the  date  of  its  maturity,  been  duly  presented  for  payment  at  the  banking 

house  of and  Company,  Washington,  District  of  Columbia,  by , 

and  payment  thereon  demanded,  was  protested  by  said ,  a  notary 

public  for  the  District  of  Columbia,  on  the  ground  that  the  said had  no 

account  with  the  said banking  house;  and  the  said ,  well  knowing  that 

he  did  not  have  at  the  time  of  makiig  said  note,  or  intend  to  have,  an  account  at  the 

said banking  house  to  meet  said  note  at  matiu'ity,  did,  knowingly  and 

willfully,  by  false  and  fraudulent  pretense,  cause  the  said  worthless  promissory 
note  to  be  accepted  by  the  said in  settlement  of  the  indebtedness  herein- 
before mentioned. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  now 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  naval 

station  , ,  having  become  justly  indebted  to ,  proprietor 

of  the  Sturtevant  House,  New  York  City,  in  the  amount  of  ninety  dollars,  did, 

while  attached  to  the  United  States  Fish  Commission  steamer ,  on  or  about 

the  first  day  of  November,  nineteen  hundred  and  eight,  in  consideration  of  such 

indebtedness,  make  and  cause  to  be  delivered  to  the  said ,  a  promis- 

'sory  note,  in  the  words  and  figures  following,  to  wit:  *  *  *,  and  well  knowing 
that  it  was  his  duty  to  have  protected  said  promissory  note  by  the  deposit  of  a 

sufficient  sum  of  money  or  otherwise  at  the  banking  house  of and  Company, 

Washington,  District  of  Columbia,  at  maturity  thereof,  did  fail  so  to  do,  and  the 
said  promissory  note  having,  on  the  fourteenth  day  of  December,  nineteen  hundred 
and  eight,  the  date  of  its  maturity,  been  duly  presented  for  payment  at  the  said 

banking  house  by ,  and  payment  thereon  demanded,  was  protested 

by  the  said ,  a  notary  public  for  the  District  of  Columbia,  on  the 

ground  that  the  said had  no  account  with  the  said  banking  house. 


122  PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  now 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  naval 

station, , ,  having,  on  or  about  the  thirtieth  day  of  June,  nineteen 

hundred  and  eight,  while  attached  to -the  United  States  Fish  Commission  steamer 
,  been  detailed  under  the  direction  of  the  Commissioner  of  Fish  and  Fish- 
eries to  conduct  a  survey  of  the  St.  Croix  River,  in  the  vicinity  of  Calais,  Maine, 

and  having  received  from ,  disbursing  agent  of  the  United  States 

Commission  of  Fish  and  Fisheries,  for  the  purpose  of  defraying  the  actual  ex- 
penses of  conducting  such  survey,  sums  of  money  as  follows,  viz,  on  or  about 
the  thirtieth  day  of  June,  nineteen  hundred  and  eight,  the  sum  of  one  hundred 
dollars;  on  the  twenty-third  day  of  July,  two  hundred  and  fifty  dollars;  and  on 
the  tenth  day  of  August,  two  hundred  and  fifty  dollars;  and  having  submitted 
to  said  disbursing  agent  vouchers  covering  expenditures  as  follows,  to  wit:  On  or 
about  the  twentieth  day  of  July,  nineteen  hundred  and  eight,  vouchers  in  the 
amount  of  one  hundred  and  seventy-six  dollars  and  sixty-nine  cents,  and  on  or 
about  the  tenth  day  of  August,  vouchers  in  the  amount  of  two  hundred  and  three 
dollars  and  eighteen  cents;  and  having,  on  or  about  the  fourteenth  day  of  August 
in  said  year,  completed  the  special  duty  to  which  he  had  been  assigned  as  afore- 
said, and  well  knowing  that  it  was  his  duty  to  submit  without  unnecessary  delay 

to  said  disbursing  agent  a  settlement  of  his  accounts,  did  fail  so  to  do;  and 

,  Acting  Commissioner  of  Fish  and  Fisheries,  having,  on  the  tenth  day  of 


September,  nineteen  hundred  and  eight,  addressed  to  Lieutenant , 

United  States  Navy,  the  commanding  officer  of  the ,  a  telegram  in  the 

words  and  figures  following,  to  wit,     *    *    *,  he,  the  said  ensign  ,  did, 

in  reply  thereto,  on  the  eleventh  day  of  September,  nineteen  hundred  and  eight, 

address  to ,  the  disbursing  agent  of  the  United  States  Commission 

of  Fish  and  Fisheries,  a  communication  in  words  and  figures  as  follows,  to  wit, 
*  *  *,  and  notwithstanding  the  statement  contained  in  said  letter  that  he 
forwarded  under  separate  cover  money  orders  for  the  balance  in  his  hands  due 

the  said  commission,  he,  the  said ,  did  fail  to  forwaid  such  money  orders 

and,  furthermore,  did  fail  to  procure  any  such  money  orders  for  the  purpose  repre- 
sented until  October  first,  nineteen  hundred  and  eight,  and  did  therein  and 

thereby  make  a  false  and  fraudulent  official  statement  to  the  said , 

disbursing  agent  of  the  United  States  Commission  of  Fish  and  Fisheries. 

Specification. — In  that ,  a  first  lieutenant  in  the  United  States  Marine 

Corps,  attached  to  and  serving  at  the  marine  barracks,  navy-yard, , , 

having  been  duly  designated  to  perform  the  duties  of  the  treasurer  of  the  company 
fund,  so-called,  and,  as  such,  being  the  custodian  of  certain  moneys  belonging 
to  the  enlisted  men  at  said  barracks,  and  charged  with  the  duty  of  disbursing 
such  moneys  for  their  benefit,  from  time  to  time,  as  occasion  might  require,  and 
it  being,  as  he  well  knew,  a  part  of  his  duty  as  treasurer  of  the  company  fund 
aforesaid,  to  report  to  his  commanding  officer  from  time  to  time  the  condition  of 
said  fund,  and,  in  making  such  report,  to  state,  correctly  and  truly,  the  total 
amounts  of  all  disbursements  from  and  out  of  said  fund  by  him  as  custodian 
thereof  during  the  period  which  had  elapsed  since  the  date  of  hia  last  preceding 
report,  did,  under  date  of  February  eighteenth,  nineteen  hundred  and  nme, 
make  and  submit  to  Major ,  United  States  Marine  Corps,  his  com- 
manding officer,  a  report  of  the  condition  of  the  said  company  fund  at  the  date 
of  such  report,  in  which  he,  the  said  Lieutenant ,  stated  the  total  disburse- 
ments out  of  said  fund  from  October  fifteenth  to  December  thirty-first,  nineteen 
hundred  and  eight,  and  from  January  twenty-fifth  to  February  fifteenth,  nine- 
teen hundred  and  nine,  as  amounting  to  the  sum  of  one  hundred  and  thirty-seven 
dollars  and  eighteen  cents,  and  did,  in  and  by  such  report,  pretend  and  claim, 


PROCEEDINGS  OF  A  GENERAL  COURT-MARTIAL.  123 

in  effect,  that  he  was,  on  the  eighteenth  day  of  February,  nineteen  hundred  and 
nine,  entitled  to  a  credit,  as  treasurer  of  said  fund,  for  disbursements  to  the  amount 
of  one  hundred  and  thirty-seven  dollars  and  eighteen  cents,  and  that  the  balance 
of  cash  in  his  hands,  as  such  treasurer,  was  eighty-three  dollars  and  twenty-three 
cents,  and  did,  in  and  by  such  report,  further  pretend  and  claim,  in  effect,  that 
he  had,  on  the  sixteenth  day  of  November,  nineteen  hundred  and  eight,  paid 

to ,  of  the  city  of  Philadelphia,  in  the  State  of  Pennsylvania,  from 

and  out  of  said  company  fund,  the  sum  of  seven  dollars  and  fifty  cents  for  an 
implement  known  as  a  "feed  cutter,"  purchased  for  the  use  of  the  enlisted  men 

at  said  barracks,  whereas,  in  fact,  he,  the  said  Lieutenant ,  had  not,  on  the 

said  sixteenth  day  of  November,  nineteen  hundred  and  eight,  or  at  any  time  prior 
to  February  eighteenth,  nineteen  hundred  and  nine,  the  date  of  said  report, 

paid  to  the  said ,  from  and  out  of  said  company  fund  and  for  or  on 

account  of  the  purchase  of  a  "feed  cutter,"  the  aforesaid  sum  of  seven  dollars 
and  fifty  cents,  or  any  part  thereof,  and  was  not,  in  fact,  entitled  to  a  credit  of 
more  than  one  hundred  and  twenty-nine  dollars  and  sixty-eight  cents  for  dis- 
bursements made  by  him  as  treasurer  of  said  fund  prior  to  the  date  of  said  report, 
and  was,  in  fact,  properly  chargeable  with  a  balance  of  cash  in  his  hands,  as 
such  treasurer,  amounting  to  ninety  dollars  and  seventy-three  cents,  instead 
of  eighty-three  dollars  and  twenty-three  cents,  the  amount  which,  in  and  by 
said  report,  he  reported  as  remaining  in  his  hands  on  the  said  eighteenth  day 
of  F'ebruary,  nineteen  hundred  and  nine. 

CHARGE. — Selling  property  of  the  United  States  intended  for  the  naval  service  thereof. 

Specification. — In  that ,  a  landsman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  on  or  about  the  twenty-fourth  day  of  August,  nineteen  hundred 


and  eight,  while  serving  in  the  rate  of  yeoman  third  class  on  board  said  ship, 
unlawfully  sell  about  fifteen  yards  of  cap  cloth,  of  the  value  of  about  thirty  dol- 
lars, and  about  one  hundred  neckerchiefs,  of  the  value  of  about  one  hundred 
dollars,  property  of  the  United  States,  intended  for  the  naval  service  thereof. 

CHARGE.— Sleeping  on  post. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  ,  , 

having,  on  the  seventh  day  of  August,  nineteen  hundred  and  eight,  been  regu- 
larly posted  as  a  sentinel  on  post  number  five  at  said  navy-yard,  did  sleep  while 
on  said  post. 

CHARGE.— Sleeping  on  watch. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  then  at  anchor  off  Shang- 
hai, China,  did,  while  he  was  officer  of  the  deck  of  the  said  ship,  from  midnight 
of  June  the  eleventh  to  four  o'clock  on  the  morning  of  June  the  twelfth,  nineteen 
hundred  and  nine,  sleep  on  duty  during  a  part  of  said  watch. 

CHARGE.— Sodomy. 

Specification. — In  that ,  a  boatswain's  mate  second  class,  and  


,  an  ordinary  seaman,  in  the  United  States  Navy,  attached  to  and  serving 

on  board  the  United  States  ship ,  at  the  naval  station, , ,  did, 

on  or  about  the  thirteenth  day  of  November,  nineteen  hundred  and  eight,  in  the 
fore  hold  of  said  ship,  together  and  with  each  other,  commit  sodomy. 


124  PKOCEEDINGS  OF  A  GENERAL   COURT-MAETIAL. 

CHABGE. — Stealing  and  opening  a  valuable  letter,  in  violation  of  section  five  thousand 
four  hundred  and  sixty-nine  of  the  Revised  Statutes  of  the  United  States. 

Specification. — In  that ,  a  landsman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  on  or  about  the  twentieth  day  of  August,  nineteen  hundred  and 


eight,  feloniously  take,  steal,  and  carry  away  from  the  authorized  receptacle  for 

the  mail  to  be  posted,  in  the  office  of  the  paymaster  of  the  said  ship ,  at  the 

navy-yard  aforesaid,  and  with  felonious  intent  did  open  and  take  from  a  letter 

addressed  to  the  commanding  officer  of  the  United  States  ship ,  New  Haven, 

Connecticut,  checks  drawn  upon  the  assistant  treasurer  of  the  United  States  at 

New  York,  by  Pay  Inspector ,  United  States  Navy,  said  checks 

being  pecuniary  obligations  of  the  United  States  Government  for  pay  due  the 
persons  named  therein,  as  follows:  Check  number  three  hundred  and  ninety 

thousand  one  hundred  and  fifty-nine,  in  favor  of  — ,  United  States  Navy, 

for  twelve  dollars  (here  follows  several  other  checks  similarly  described);  all  of 
said  checks  dated  the  twentieth  day  of  August,  nineteen  hundred  and  eight. 

CHABGE. — Striking  another  person  in  the  navy. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  on  or 

about  the  tenth  day  of  July,  nineteen  hundred  and  nine,  being  then  in  command 

of  the  United  States  ship ,  in  the  harbor  of ,  ,  did,  with  a 

sword,  unlawfully  and  wilfully,  strike  and  cut ,  then  a  fireman 

second  class  in  the  United  States  Navy,  and  attached  to  and  serving  on  board 

said  ship,  thereby  inflicting  on  said 's  head  a  wound  of  about  one  inch  and 

a  half  in  length;  said being,  at  the  time  he  was  struck,  cut,  and  wounded, 

as  aforesaid,  by  said ,  in  a  kneeling  position  on  the  deck  of  said  ship,  and 

in  double  irons,  with  his  hands  ironed  behind  his  back. 

CHABGE.— Theft. 

Specification. — In  that ,  a  ship  s  cook  first  class  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship  ,  at  the  navy- 
yard, ,  ,  did,  on  or  about  the  twenty-first  day  of  May,  nineteen 

hundred  and  nine,  feloniously  take,  steal,  and  carry  away  from  a  drawer  in  the 
galley  of  said  ship,  a  gold  watch  of  about  sixty  dollars  in  value,  the  property  of 

,  ship's  cook  fourth  class.  United  States  Navy,  attached  to  said  ship, 

and  did  then  and  there  appropriate  the  same  to  his  own  use. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  the  fifteenth  day  of  August,  nineteen  hundred  and  eight,  feloniously  take, 

steal,  and  carry  away  from  the  locker  of ,  private.  United  States 

Marine  Corps,  money  to  the  amount  of  one  dollar  and  eighty-nine  cents,  the  prop- 
erty of  the  said ,  attached  to  said  barracks,  and  did  then  and  there  appro- 
priate the  same  to  his  own  use. 

Specification. — In  that and ,  privates  in  the  United  States 

Marine  Corps,  attached  to  and  serving  at  the  marine  barracks,  navy-yard, , 


,  did,  each  and  together,  at  or  about  ten  hours  postmeridian  on  the  twenty- 
sixth  day  of  January,  nineteen  hundred  and  nine,  feloniously  take,  steal,  and 
carry  away  from  the  copper  pile  in  the  vicinity  of  the  foundry  at  said  navy-yard, 
a  pig  of  lead  weighing  one  hundred  and  ninety-three  pounds,  more  or  less,  of  the 
value  of  about  nine  dollars  and  sixteen  cents,  the  property  of  the  United  States, 
and  did  then  and  there  appropriate  the  same  to  their  own  use. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, — , ,  did, 

between  the  hours  of  five  postmeridian  on  the  twenty-fourth  day  of  October, 


PKOCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  125 

nineteen  hundred  and  eight,  and  seven  antemeridian  on  the  twenty-fifth  day  of 
the  month  and  year  aforesaid,  feloniously  take,  steal,  and  carry  away  from  the 
pay  ofiice  at  the  said  navy-yard,  a  revolver  of  about  four  dollars  and  fifty  cents 

in  value,  the  property  of ,  paymaster's  clerk.  United  States  Navy, 

attached  to  said  yard,  and  a  pair  of  shears  of  about  seventy-five  cents  in  value, 
the  property  of  the  United  States,  and  did  then  and  there  appropriate  said  revolver 
and  said  shears  to  his  own  use. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  or  about  the  eleventh  day  of  September,  nineteen  hundred  and  eight,  in  the 

city  of ,  feloniously  take,  steal,  and  carry  away  a  check  for  the  amount  of 

two  hundred  and  thirty-eight  dollars,  drawn  upon  the  assistant  treasurer  of  the 

United  States,  at  Philadelphia,  Pennsylvania,  by  Paymaster , 

United  States  Navy,  attached  to  and  serving  on  board  the  United  States  ship 

,  at  the  navy-yard, , ,  payable  to  the  order  of ,  the 

said  check  being  the  property  of  the  said ,  and  at  the  time  aforesaid 

in  the  possession  of  a  mail  orderly  of  the  said  ship ,  one ;  and 

the  said did  then  and  there  appropriate  the  said  check  to  his  own  use. 

CHARGE.— Through  inattention  and  negligence  suffering  a  vessel  of  the  Navy  to  be 
hazarded. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship ,  the  said  ship  being,  on  the  twenty- 
sixth  day  of  February,  nineteen  hundred  and  nine,  underway  in  the  inner  har- 
bor of  Yokohama,  Japan,  standing  out  toward  the  breakwater  in  course  of  con- 
struction at  the  entrance  of  said  inner  harbor,  was  inattentive  and  negligent  in 
the  performance  of  his  duty  as  commanding  officer  of  said  ship,  in  that  he  did  then 
and  there  fail  personally  to  superintend  the  conning  of  said  vessel,  and  did  dele" 

gate  the  performance  of  said  duty  to  Lieutenant ,  United  States 

Navy,  the  navigating  officer  of  said  ship,  by  reason  of  which  aforesaid  inattention 

and  negligence  on  the  part  of  the  said  Commander ,  the  said  ship was 

stranded  on  the  outer  edge  of  the  eastern  breakwater,  near  the  entrance  of  said 
inner  harbor,  and  was  thereby  hazarded. 

CHARGE. — Through  negligence,  suffering  a  vessel  of  the  Navy  to  be  run  upon  a  rock 
and  hazarded. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in^command  of  the  United  States  ship ,  cruising  on  special  service  in  the 

Ocean,  off  the  coast  of ,  on  the  fifth  day  of  June,  nineteen  hundred 

and  nine,  notwithstanding  the  fact  that  at  about  midnight  of  the  fourth  day  of 

June,  nineteen  hundred  and  nine,  the  northeast  point  of  Island  bore 

abeam,  and  was  about  six  miles  distant,  the  said  ship  being  then  under  way,  and 
making  a  speed  of  about  ten  knots  per  hour,  and  well  knowing  the  position  of  the 
said  ship  at  the  time  stated,  and  that  the  charts  of  that  locality  were  unreliable 
and  the  currents  thereabouts  uncertain,  did,  nevertheless,  neglect  and  fail  to 
exercise  proper  care  and  attention  in  navigating  said  ship  while  approaching 

Island,  in  that  he  neglected  and  failed  to  lay  a  course  that  would  carry  said 

ship  clear  of  the  last  aforesaid  island,  or  to  change  the  course  in  due  time  to  avoid 
disaster,  in  consequence  of  which  neglect  and  failure  on  the  part  of  the  said  Com- 
mander — ,  the  said  ship was  run  upon  a  rock  of  the  southwest  coast 

of Island,  at  about  four  hours  and  forty-five  minutes  antemeridian  on  the 

day  first  above  mentioned,  and  was  hazarded. 


126  PKOCEEDINGS   OF  A  GENEKAL   COURT-MARTIAL. 

CHARGE.— Through  negligence,  suffering  a  vessel  of  the  Navy  to  be  run  upon  a  reef 
and  stranded. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship  ,  making  passage  from to 

,  on  the  second  day  of  February,  nineteen  hundred  and  nine,  did,  when 

about  fifty-five  miles  to  the  northward  and  eastward  of Bank,  in  the 


Sea,  shape,  and  did  subsequently  maintain,  a  course  of  west-southwest  three- 
quarters  west,  which  said  course  lay  close  to  a  dangerous  reef  and  cay,  surrounded 
by  strong  currents  well  known  to  exist,  and  did  neglect  and  fail  to  exercise  proper 
care  and  attention  in  navigating  said  ship  while  approaching  said  reef  and  cay, 
in  that  he  neglected  and  failed  to  lay  a  course  which  would  surely  carry  a  vessel 
clear  of  said  reef  and  cay,  or  to  change  course  in  due  season  to  avert  disaster,  in 
consequence  of  which  neglect  and  failure  on  the  part  of  the  said  Commander 

,  the  said  ship was,  at  about  six  hours  and  fifty  minutes  postmeridian, 

on  the  day  aforesaid,  run  upon  the  north  end  of Bank,  in  the Sea, 

in  about  latitude  thirteen  degrees  thirty-four  minutes  north  and  longitude  eighty 
degrees  five  minutes  west,  and  was  stranded. 

CHARGE.— Through  negligence,  suffering  a  vessel  of  the  Navy  to  be  stranded. 

Specification. — In  that ,  a  lieutenant  in  the  United  States  Navy,  attached 

to  and  serving  as  executive  oflficer  of  the  United  States  ship ,  and  being, 

on  the  second  day  of  August,  nineteen  hundred  and  eight,  temporarily  in  com- 
mand of  said  ship,  making  passage  from to ,  the  weather  being  foggy 

and  the  currents  thereabouts  uncertain,  did,  nevertheless,  neglect  and  fail  to 
exercise  proper  care  and  attention  in  navigating  said  vessel  while  approaching 

Island,  in  that  he  neglected  and  failed  to  make  allowance  for  current 

setting  in  the  direction  of  the  ship's  course  toward  said  island,  the  said well 

knowing  that  the  tide  during  the  latter  part  of  the  passage  was  running  flood,  and 
that  said  flood  tide  in  that  vicinity  set  to  the  north  with  a  velocity  at  times 
approaching  two  knots  per  hour,  in  consequence  of  which  neglect  and  failure 

on  the  part  of  the  said  Lieutenant ,  the  said  ship was,  at  about  five 

hours  and  twenty-five  minutes  postmeridian  on  the  day  aforesaid,  stranded  in 
Bay, Island. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy, 

being  in  command  of  the  United  States  ship ,  on  the  eighteenth  day  of 

June,  nineteen  hundred  and  nine,  said  ship  being  then  under  way  in  Chesapeake 
Bay,  near  Cape  Henry,  Virginia,  and  notwithstanding  the  fact  that  said  ship 
was,  at  or  about  two  hours  postmeridian,  on  the  day  aforesaid,  passing  near  and 

in  sight  of  a  buoy  in  said  bay,  known  as Buoy,  that  the  weather  was  then 

thick  and  foggy,  that  the  said  ship  was  making  a  speed  of  at  least  seven  knots 
per  hour,  and  well  knowing  that,  on  the  course  the  ship  was  then  being  steered, 
Cape  Henry,  which  was  then  hidden  by  the  fog,  was  right  ahead  and  but  about 
three  and  one-half  nautical  miles  distant,  the  said  Commander did,  never- 
theless, neglect  and  fail  to  reduce  the  speed  of  the  vessel,  to  establish  a  proper 
lookout,  to  keep  himself  duly  informed  of  the  soundings,  or  to  change  the  course 
of  the  vessel  in  due  time,  in  consequence  of  which  negligence  on  the  part  of 

the  said  Commander ,  as  her  commanding  officer,  said  vessel  was  stranded 

on  said  cape,  at  about  two  hours  and  thirty  minutes  postmeridian,  on  the  day 
aforesaid. 

CHARGE. — Treating  his  superior  officer  with  contempt. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  then  lying  in  the  harbor 

of ,  ,  did,  on  or  about  the  night  of  the  seventeenth  day  of  July, 


PROCEEDINGS   OF  A  GENERAL  COURT-MARTIAL.  127 

nineteen  hundred  and  eight,  assume  control  of  the  dinghy  of  the  said  ship 


notwithstanding  the  remonstrance  of  Lieutenant ,  United  States 

Navy,  his  superior  officer  serving  on  board  said  ship,  each  of  the  officers  above 
named  being  a  passenger  in  said  boat. 

CHARGE. — Treating  his  superior  officer  with  contempt  while  in  the  execution  of  his 
office. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship , 

having,  on  the  fourth  day  of  June,  nineteen  hundred  and  nine,  been  addressed 
by  the  Acting  Secretary  of  the  Navy,  in  an  official  letter  which  contained, 
among  other  things,  a  statement  of  the  following  tenor:  *  *  *  and  having, 
on  the  eighth  day  of  July,  nineteen  hundred  and  nine,  acknowledged  the  receipt 
of  the  said  letter,  the  said did  treat  with  contempt  the  injunctions  con- 
tained in  the  said  official  letter  of  his  superior  officer,  the  Acting  Secretary  of  the 
Navy,  and  did  persist  in  the  delinquencies  regarding  which  he  had  been  admon- 
ished, by  failing  to  render,  within  the  period  prescribed  by  law,  his  accounts 
for  the  fourth  quarter  of  the  fiscal  year  nineteen  hundred  and  nine,  and  for  the 
first  and  second  quarters  of  the  fiscal  year  nineteen  hundred  and  ten. 

CHARGE. — Treating  with  contempt  his  superior  officer  and  being  disrespectful  to 
him  in  language  and  deportment  while  in  the  execution  of  his  office. 

Specification. — In  that ,  an  ensign  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  anchor  in  the  harbor 

of , ,  did,  between  the  hours  of  eight  and  nine  postmeridian  of  the 

first  day  of  April,  nineteen  hundred  and  nine,  in  the  wardroom  of  said  ship, 

when  ordered  to  go  to  his  room  by  his  superior  officer,  Lieutenant , 

United  States  Navy,  the  executive  officer  of  said  ship,  say  to  the  said  Lieu- 
tenant   ,  "I  want  to  stand  my  watch;  I  am  all  right;  you  are  not  treating 

me  fairly;  if  you  report  me  I'll  be  G — d  d d  if  I  don't  fix  you,  and  you  had 

better  be  careful  as  to  what  you  report  me  for,"  or  words  of  similar  purport  and 
meaning  as  the  aforesaid. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  Fortress  Monroe,  Vir- 
ginia, did,  on  or  about  the  fifth  day  of  April,  nineteen  hundred  and  nine,  when 

brought  to  the  mast  by  order  of  the  officer  of  the  deck,  Lieutenant , 

Uiiited  States  Navy,  to  explain  his  absence  from  anchor  watch,  say  to  him,  the 

said  Lieutenant ,  ''You  can  take  my  excuses  or  not,  just  as  you  please; 

I  will  get  even  with  you.  You  can  court-martial  me  if  you  want  to,  and  I'll  fix 
you,"  or  words  to  that  effect. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship  ,  then  in  dry 

dock  at  Shanghai,  China,  did,  on  or  about  October  eighteenth,  nineteen  hun- 
dred and  eight,  use  abusive  language  toward ,  master-at-arms  first 

class,  United  States  Navy,  attached  to  said  ship,  who  was  then  and  there  in  the 
execution  of  his  office. 

CHARGE.— Threatening  to  assault  his  superior  officer  while  in  the  execution  of  the 
duties  of  his  office. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  Fortress  Monroe,  Vir- 
ginia, did,  on  or  about  the  fifth  day  of  April,  nineteen  hundred  and  nine,  when 

brought  to  the  mast  by  order  of  the  officer  of  the  deck,  Lieutenant , 

United  States  Navy,  to  explain  his  absence  from  anchor  watch,  say  to  him,  the 


128  PROCEEDINGS   OF   A  GENERAL   COURT-MARTIAL. 

said  Lieutenant ,  "I  will  get  even  with  you;  you  can  court-martial  me  if 

you  want  to,  and  I'll  fix  you,"  or  words  to  that  effect.  And  further  did,  at  the 
same  time  and  place,  take  off  his  coat,  turn  up  his  sleeves,  and  assume  a  threaten- 
ing attitude  toward  his  superior  officer,  the  said  Lieutenant  ,  who  was 

then  and  there  in  the  execution  of  the  duties  of  his  office. 

CHARGE — Using  abusive,  obscene,  and  profane  language  toward  another  person  in 

the  service. 
Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  —. ,  did, 

■  on  the  twenty-seventh  day  of  September,  nineteen  hundred  and  eight,  while 

confined  in  the  guardroom  at  said  barracks,  use  abusive,  obscene,  and  profane 

language  toward  Corporal ,  United  States  Marine  Corps,  attached 

to  said  barracks. 

CHARGE. — Using  abusive,  obscene,  and  threatening  language  toward  his  superior 
ojficer. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps,  a 

patient  in  the  naval  hospital,  ,  ,  did,  at  or  about  five  hours  post- 
meridian on  the  eighth  day  of  May,  nineteen  hundred  and  nine,  while  being 

removed,  by  order  of  Passed  Assistant  Surgeon ,  United  States 

Navy,  from  one  of  the  wards  to  another  room  in  said  hospital,  use  abusive, 
obscene,  and  threatening  language  toward  his  superior  officer,  the  said  Passed 
Assistant  Surgeon . 

CHARGE. — Using  abusive  and  profane  language  toward  his  superior  officer  while  in 

the  execution  of  his  office. 
Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  in  the  harbor  of , 


,  while  under  sentry's  charge  on  board  said  ship,  during  the  afternoon  of 

the  nineteenth  day  of  December,  in  the  year  nineteen  hundred  and  eight,  upon 

hearing  Lieutenant ,  United  States  Navy,  ask  the  sentry  over 

prisoners  who  had  broken  the  light  on  the  brig,  did  say  that  he, ,  had 

broken  it,  and  that  he  would  like  to  break  his, 's,  G— d  d d  head,  or  words 

to  that  effect;  said  Lieutenant being  his  superior  officer  and  at  said  time 

in  the  execution  of  his  office. 

CHARGE. — Using  abusive,  profane,  and  threatening  language  toward  his  superior 
officer. 

Specification.— In  that ,  a  fireman  second  class  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at  the 

navy-yard,  ,  ,  did,  on  the  twenty-fifth  day  of  February,  nineteen 

hundred  and  nine,  while  receiving  treatment  in  the  sick  bay  of  said  vessel,  use 

abusive,  profane,  and  threatening  language  toward  Assistant  Surgeon  

,  United  States  Navy,  his  superior  officer. 

CHARGE.— Using  abusive  and  threatening  language  toward  another  person  in  the 
service. 

Specification. — In  that  — ,   a  lieutenant  in  the  United   States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  New  Lon- 
don, Connecticut,  did,  between  the  hours  of  seven  and  eight  postmeridian,  on 
the  sixth  day  of  April,  nineteen  hundred  and  nine,  use  abusive  and  threatening 

language  toward ,  mess  attendant  third  class,  United  States  Navy, 

serving  on  board  said  ship. 


PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL.  129 

CHARGE. — Using  abusive  and  threatening  language  toward  Ms  superior  officer. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  did,  at 

about  five  hours  and  forty-five  minutes  postmeridian  on  the  sixteenth  day  of 
February,  nineteen  hundred  and  nine,  while  a  boatswain's  mate  in  the  United 

States  Navy  and  a  patient  in  the  United  States  naval  hospital  at ,  — , 

use  abusive  and  threatening  language  toward  Assistant  Surgeon , 

United  States  Navy,  his  superior  officer. 

CHARGE. — Using  obscene  and  threatening  language  toward  another  person  in  the 
service. 

Specification. — In  that  -■ ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  ,  ■■ — ,  did, 

at  about  nine  hours  and  thirty  minutes  postmeridian  on  the  twenty-first  day  of 
December,  nineteen  hundred  and  nine,  use  obscene  and  threatening  language 

toward  Sergeant ,  United  States  Marine  Corps,  the  sergeant  of  the 

guard  at  said  barracks. 

CHARGE. — Using  threatening  language  toward  another  person  in  the  navy. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached  to 

and  serving  on  board  the  United  States  ship ,  at  Port  Angeles,  Washington, 

did,  on  the  seventeenth  day  of  September,  nineteen  hundred  and  eight,  while  a 
general  court-martial  prisoner  under  sentry's  charge  on  board  said  ship,  use 

threatening  language  in  speaking  to  and  about  Chief  Boatswain's  Mate  

,  United  States  Navy,  also  attached  to  and  serving  on  board  the  said  ship, 

saying,  ''I  can  lick  you  now;  if  you  report  me  I'll  lick  you  sooner  or  later,"  and 
"If  he  reports  me  I'll  get  square  with  him;  I'll  kill  him,"  or  words  to  that  effect. 

CHARGE. — ^Violation  of  a  lawful  general  order  issued  by  the  Secretary  of  the  Navy. 

Specification. — In  that ^,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship ,  at  the  navy-yard, , , 

having  received  a  lawful  general  order,  issued  on  the  tenth  day  of  February* 
nineteen  hundred  and  nine,  by  the  Secretary  of  the  Navy,  announcing  to  the 
navy  and  the  country  the  death,  at  Washington,  District  of  Columbia,  on  the 

morning  of  that  day,  of ,  and  having  caused  said  order  to  be  publicly 

read  to  the  officers  and  crew  of  said  ship  on  the  fourteenth  day  of  the  month  afore- 
said, the  said  Commander  — ,  well  knowing  that  said  order  required  all  offi- 
cers of  the  navy  and  Marine  Corps  to  wear  the  badge  of  mourning  for  a  period  of 
thirty  days  from  and  after  the  date  of  its  receipt,  did  wilfully,  and  in  violation  of 
said  general  order,  neglect  and  fail  to  wear  the  badge  of  mourning  during  a  period 
of  thirty  days  immediately  following  the  date  of  the  publication  by  him  of  said 
order  as  aforesaid. 

CHARGE. — Violation  of  a  lawful  regulation  Issued  by  the  Secretary  of  the  Navy. 

Specification. — In  that ,  a  captain  in  the  United  States  Navy,  being  in 

command  of  the  United  States  ship ,  at ,  having,  on  the  twenty- 
second  day  of  April,  nineteen  hundred  and  eight,  had  referred  to  him  by  the 
Bureau  of  Navigation,  Navy  Department,  a  copy  of  a  letter  which  had  been 
received  by  said  bureau  from  Captain ,  United  States  Navy,  com- 
mandant of  the  naval  station, , ,  as  follows:    *    ^^    *     ;  and  having 

been  called  upon  by  said  bureau  for  an  explanation  of  the  facts  mentioned  in  the 
said  letter  of  the  commandant  of  the  naval  station  aforesaid,  did,  on  the  twenty- 
seventh  day  of  April,  nineteen  hundred  and  eight,  address  a  communication  to  the 
commandant  of  the  navy-yard  and  station,  New  York,  in  the  words  and  figures 

following:    *    ^^    ^     ;   in  which  said  letter  he,  the  said  Captain ,  did  ex- 

8483—10 9 


130  PROCEEDINGS   OF   A   GENERAL   COURT-MARTIAL. 

press  an  opinion  upon  and  impugn  the  motives  of  the  said  Captain ;  this 

in  violation  of  a  lawful  regulation  issued  by  the  Secretary  of  the  Navy,  to  wit, 
article  —  of  the  Regulations  for  the  Government  of  the  Navy  of  the  United  States, 
nineteen  hundred  and  five. 

Specification. — In  that ,  a  commander  in  the  United  States  Navy,  being 

in  command  of  the  United  States  ship ,  in  the  harbor  of , ,  did 

on  or  about  the  twentieth  day  of  October,  nineteen  hundred  and  eight,  write  a 
certain  letter  with  a  view  to  its  publication,  of  and  concerning  public  work  there- 
tofore performed  at  the  navy-yard, , ,  and  of  and  concerning  officers 

of  the  line,  medical,  and  p&,y  corps  of  the  navy,  and  did  procure  and  cause  the  said 
letter  to  be  published  on  the  twentieth  day  of  December,  nineteen  hundred  and 

eight,  in  the  — ,  a  public  newspaper  published  at  ,  ,  in  the 

words  and  figures  as  set  forth  in  the  specification  of  the  first  of  these  charges,  and 

the  said ,  well  knowing  that  said  letter  had  in  view  the  censure  of  officers 

on  duty  in  said  bureau  and  navy-yard,  and  of  officers  of  the  line,  medical,  and  pay 
corps  of  the  navy,  did  write  and  cause  the  same  to  be  published,  as  aforesaid,  in 
violation  of  a  lawful  regulation  issued  by  the  Secretary  of  the  Navy,  to  wit,  article 
—  of  the  Regulations  for  the  Government  of  the  Navy  of  the  United  States,  nine- 
teen hundred  and  five. 

Specification. — In  that ,  a  coxswain  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  Navy  Yard , 

,  having,  while  attached  to  and  serving  on  board  the  United  States  ship 

,  at ,  to  which  ship  he  had  been  regularly  assigned,  been 


granted  leave  of  absence,  to  expire  on  the  nineteenth  day  of  March,  nineteen 
hundred  and  nine,  did  fail  to  return  to  his  station  and  duties  on  board  said  ship 

upon  the  expiration  of  said  leave  of  absence,  as  it  was  his  duty  to  do;  and 

he,  the  said  coxswain ,  did  therein  and  thereby  fail  to  show  in  himself  as 

a  petty  officer  a  good  example  of  subordination,  zeal,  and  attention  to  duty,  as 

required  by  article ,  United  States  Navy  Regulations,  lawfully  issued  by 

the  Secretary  of  the  Navy. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  did, 

during  the  period  of  his  service  on  board  the  said  ship,  between  the  sixteenth  day 
of  April,  nineteen  hundred  and  seven,  -and  the  twenty-eighth  day  of  January, 
nineteen  hundred  and  nine,  fail  to  enter  in  proper  books  copies  of  all  official  let- 
ters sent  by  him;  this  in  violation  of  a  lawful  regulation  issued  by  the  Secretary 
of  the  Navy,  to  wit,  article  —  of  the  Regulations  for  the  Government  of  the  Navy 
of  the  United  States,  nineteen  hundred  and  five. 

Specification. — In  that ,  a  passed  assistant  paymaster  in  the  United  States 

Navy,  while  attached  to  and  serving  on  board  the  United  States  ship ,  did 

permit  the  entries  of  money,  clothing,  and  small  stores  for  the  first  quarter  of  the 
fiscal  year  ending  June  thirtieth,  nineteen  hundred  and  eight,  to  be  made  in  lead 
pencil  in  the  respective  columns  of  the  rough  pay,  receipt,  and  muster  roll  for  said 
quarter;  this  in  violation  of  article  —  of  the  Regulations  for  the  Government  of 
the  Navy  of  the  United  States,  nineteen  hundred  and  five. 

Specification. — In  that ,  a  passed  assistant  surgeon  in  the  United  States 

Navy,  attached  to  and  serving  on  board  the  United  States  ship as  senior 

medical  officer  of  said  ship,  did,  from  the  eighteenth  day  of  January  to  the  twenty- 
first  day  of  March,  nineteen  hundred  and  nine,  fail  to  keep  or  cause  to  be  kept  by 
the  junior  medical  officer  of  the  said  ship,  the  medical  journal  of  the  said  ship; 
this  in  violation  of  a  lawful  regulation  issued  by  the  Secretary  of  the  Navy,  to  wit, 
article  —  of  the  Regulations  for  the  Government  of  the  Navy  of  the  United  States, 
nineteen  hundred  and  nine. 


PROCEEDINGS   OF   A   GENERAL  COURT-MARTIAL.  131 

CHARGE. — Wilful  destruction  of  public  property. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  hav- 
ing, on  or  about  the  twenty-fifth  day  of  September,  nineteen  hundred  and  eight, 
been  placed  in  confinement  in  the  prison  at  said  barracks,  did  wilfully  break 
the  glass  in  the  window  of  the  cell  in  which  he  was  confined. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  in  the  harbor  of , 

,  while  under  sentry's  charge  on  board  said  ship,  about  noon  on  the  nine- 


teenth day  of  December,  nineteen  hundred  and  eight,  did  wilfully  tear  down 
the  wire  guard  or  shield  around  the  electric  light  on  the  brig  of  said  ship. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship  ,  while  under  sentry's 

charge  on  board  said  ship,  about  noon  on  the  nineteenth  day  of  December,  nine- 
teen hundred  and  eight,  did  take  off  his  shoes  and  wilfully  throw  one  of  them 
at  the  electric  light  on  the  brig  of  said  ship,  thereby  breaking  said  light. 


NOTES  ON  EVIDENCE. 


133 


Notes  on  Evidence. 


Duty  of  members  of  courts-martial  as  to  evidence. — Members  of  courts-martial,  in 
their  capacity  as  judges,  must  pass  upon  the  admissibility  of  evidence,  and,  as  jurors, 
weigh  it.  As  it  is  not  to  be  expected  that  officers  will  be  able  to  familiarize  themselves 
with  the  numerous  and  voluminous  works  on  evidence,  it  is  deemed  appropriate,  in 
connection  with  the  forms  of  procedure,  to  present  a  brief  outline  of  the  general 
principles  governing  the  subject  of  evidence,  particularly  such  as  will  be  of  service 
in  determining  questions  likely  to  arise  during  the  progress  of  a  trial. 

Reasonable  and  just  evidence  usually  admissible. — The  rules  of  evidence  have  as 
their  foundation  justice  and  common  sense.  Accordingly,  when  the  exact  rule  govern- 
ing a  point  in  controversy  is  not  known,  it  is  proper  to  inquire  whether  it  is  reasonable 
and  just  that  a  given  question  be  asked,  if,  for  example,  that  is  the  point  at  issue ;  and  if 
the  answer  be  in  the  affirmative,  the  question  may  be  admitted  with  assurance  that  the 
chances  of  error  are  reduced  to  a  minimum. 

Courts  should  be  bound  by  ordinary  rules. — Coiu-ts-martial  are,  however,  in  general 
bound  to  observe  the  fundamental  rules  of  law  and  principles  of  justice  governing  the 
civil  judicature,  and  should,  of  course,  wherever  practicable  and  so  far  as  apposite  to 
military  cases,  be  guided  by  the  rules  of  evidence  established  in  the  practice  of  the 
civil  courts,  and  especially  in  the  courts  of  the  United  States  in  criminal  cases. 

Courts-martial  not  bound  by  statute. — They  are  not  bound,  however,  by  any  statute 
in  this  particular,  and  it  is  thus  open  to  them  in  the  interest  of  justice  to  apply  the 
rules  of  evidence  with  more  indulgence  than  the  civil  courts;  to  allow,  for  example, 
more  latitude  in  the  introduction  of  testimony  and  in  the  examination  and  cross- 
examination  of  witnesses  than  is  commonly  permitted  by  the  latter  tribunals.  In 
such  particulars,  as  persons  on  trial  by  court-martial  are  ordinarily  not  versed  in 
legal  science  or  practice,  and  are  as  a  rule  not  represented  by  counsel  trained  in  the 
law,  a  liberal  com-se  should,  in  general,  be  pursued  and  overtechnicality  avoided. 

Definition  of  evidence. — The  term  "evidence"  includes  all  that  may  be  submitted 
to  the  court,  whether  it  be  the  statements  of  witnesses,  the  contents  of  papers,  docu- 
ments, or  records,  or  whatever  the  court  may  be  permitted  to  examine  and  consider 
during  the  trial.     (Bouvier.) 

Production  and  interrogation  of  witnesses. — Witnesses  are  produced  in  court  by 
summonses  or  subpoenas,  and  after  being  sworn  are  interrogated  respecting  such  facts 
bearing  upon  the  case  as  are  within  their  own  knowledge. 

Object  of  rules  of  evidence. — The  rules  of  evidence  are  directed  to  the  determination 
of  two  things:  First,  the  competency  of  evidence — that  is,  the  question  whether 
certain  witnesses  shall  or  shall  not  testify,  or  whether  certain  documentary  or  other 
evidence  shall  or  shall  not  be  introduced;  and,  second,  the  credibility  or  probative 
force  of  such  evidence  when  introduced,  i.  e.,  the  weight  to  be  attached  thereto. 

Credibility  distinguished  from  competency. — Competency  should  not  be  confounded 
with  credibility,  which  latter,  in  the  case  of  a  witness,  means  his  worthiness  of  belief, 

135 


136  NOTES   ON   EVIDENCE. 

the  value  of  his  testimony;  and  this  is  determined  by  many  things,  such  as  his  charac- 
ter, his  opportunities  and  powers  of  observation,  the  accuracy  and  retentiveness  of 
his  memory,  his  ability  to  give  lucid  expression  to  facts  within  his  own  knowledge, 
and  his  attitude  or  relation  to  the  matter  with  respect  to  which  his  testimony  is  given . 

Presumption  of  competency. — A  presumption  always  exists  in  favor  of  the  compe- 
tency of  a  witness  whose  testimony  is  offered,  and  the  burden  of  proving  the  contrary 
rests  on  the  party  objecting.  In  deciding  upon  the  competency  of  a  witness  the  court 
acts  in  the  capacity  of  a  judge,  while  in  determining  questions  of  credibility  it  acts  in 
the  capacity  of  a  jury. 

Grounds  of  incompetency. — The  question  of  competency  was  formerly  much  more 
important  than  it  is  now,  the  grounds  of  incompetency  having  by  statute  been  reduced 
from  time  to  time  so  that  at  present  there  are  few  persons,  except  idiots,  the  insane, 
intoxicated  persons,  very  young  children,  and  the  wives  of  accused  persons,  that 
by  law  are  not  competent  to  testify. 

Witnesses  before  naval  courts  generally  competent. — Matters  that  were  once  regarded 
as  affecting  the  competency  of  witnesses  are  now  treated  as  bearing  only  upon  their 
credibility.  In  other  words,  it  may  be  stated  as  a  general  rule,  the  exceptions  to 
which  are  unlikely  to  arise  in  naval  practice,  that  all  witnesses  capable  of  so  doing  are 
entitled  to  testify,  and  that  it  rests  with  the  court  in  its  capacity  as  jury  to  decide 
how  much  weight  is  to  be  given  to  their  testimony. 

Competency  decided  before  witness  testifies. — The  question  of  the  competency  of  a 
witness  should  be  raised  and  decided  before  he  is  allowed  to  testify;  but  it  may  be 
raised  at  any  time  during  the  trial,  if  the  grounds  of  incompetency  were  not  previously 
known. 

Manner  of  adducing  and  form  of  evidence. — The  issues  to  be  proved  having  been 
laid  before  the  court  in  the  form  of  charges  and  specifications,  each  side  in  turn  sub- 
mits evidence  in  proof  or  disproof  of  the  facts  at  issue.  The  testimony  submitted  is, 
as  to  its  form,  either  oral,  written,  or  in  the  nature  of  exhibits. 

Written  evidence. — This  consists  of  documents,  either  under  seal  or  otherwise. 

Oral  testimony. — This  is  "direct  or  original"  when  a  witness  testifies  to  facts  ob- 
served by  him  through  the  medium  of  his  senses,  and  ''indirect  or  hearsay"  when 
he  derives  his  knowledge  from  the  observation  of  others  and  testifies  to  their  declara- 
tions or  statements. 

Real  evidence. — This  consists  of  any  objects  or  articles  in  open  court,  in  order  that 
they  may  be  examined  by  the  court,  and  by  witnesses  who  may  identify  them  or 
illustrate  their  application. 

Circumstantial  evidence. — The  term  ''circumstantial  evidence"  is  applied  to  that 
form  of  evidence  in  which  the  existence  of  a  fact  is  inferred  by  a  process  of  reasoning 
from  the  existence,  or  nonexistence,  of  other  facts  established  in  evidence  by  the 
testimony  of  witnesses  or  by  the  production  of  documents  or  exhibits. 

Subject  of  evidence,  how  divided. — The  subject  of  evidence  may  be  divided  into 
four  heads:  I.  Proof  in  general;  II.  Admissibility  of  evidence;  III.  Oral  testimony; 
and  IV.  Written  evidence. 

Proof  in  general. — Under  the  head  of  "Proof  in  general"  it  is  necessary  to  consider, 
(1)  what  is  to  be  proved;  (2)  how  it  must  be  proved;  (3)  what  is  to  be  presumed;  (4) 
what  is  to  be  taken  notice  of  judicially!. 

(1)  What  is  to  be  proved. — As  to  the  first  point,  in  a  military  as  in  a  civil  court,  the 
burden  is  on  the  prosecution  to  establish  the  guilt  of  the  accused,  and  not  upon  the 
accused  to  establish  his  innocence.  It  must  be  shown  by  the  prosecution  that  the 
act  charged  was  committed,  that  the  accused  committed  it,  and  that  he  did  so  with 
criminal  intent. 

(2)  Proof  beyond  a  reasonable  doubt. — In  a  civil  suit  the  plaintiff  need  make  out  a 
prima  fade  case  only;  that  is,  he  need  only  adduce  evidence  materially  preponderat- 
ing over  that  of  the  defendant  in  order  tp  give  him  a  verdict;  but  the  burden  of  proof 


NOTES   ON   EVIDENCE.  137 

resting  on  the  prosecution  in  a  criminal  case — and  all  court-martial  procedure  is  of 
such  character — is  much  greater  by  reason  of  the  presumption  of  innocence  that  always 
exists  in  favor  of  the  accused.  To  this  presumption  is  due  the  rule  of  criminal  evidence 
that  the  guilt  of  the  accused  must  be  established  beyond  a  reasonable  doubt. 

Definition  of  reasonable  doubt, — As  this  question  of  reasonable  doubt  is  one  that 
arises  in  every  case  of  military  law  in  the  course  of  which  evidence  is  adduced,  the 
following  definition  thereof  is  given:  By  reasonable  doubt  is  intended  not  fanciful  or 
ingenious  doubt  or  conjecture,  but  substantial,  honest,  conscientious  doubt,  not 
removed  by  material  evidence  in  the  case. 

Rule  as  to  reasonable  doubt. — In  the  case  of  the  United  States  v.  Newton  (52  Fed. 
Rep.,  390),  the  court  held  that  "it  is  an  honest,  substantial  misgiving,  generated  by 
insufficiency  of  proof.  It  is  not  a  captious  doubt,  not  a  doubt  suggested  by  the  inge- 
nuity of  counsel  or  jury  and  unwarranted  by  the  testimony;  nor  is  it  doubt  born  of  a 
merciful  inclination  to  permit  the  defendant  to  escape  conviction,  nor  prompted  by 
sympathy  for  him  or  those  connected  with  him. " 

Meaning  of  rule. — From  these  citations  it  will  be  seen  that  the  meaning  of  the  rule 
is  that  the  proof  must  be  such  as  to  exclude,  not  the  possibility  of  innocence,  but 
every  fair  and  natural  hypothesis  except  that  of  guilt.  As  stated  in  Greenleaf  on 
Evidence,  ''What  is  required  is  not  absolute  or  mathematical  but  a  'moral  certainty; '  " 
and  as  laid  down  in  Winthrop,  "A  court-martial  which  acquits  because,  upon  the 
evidence,  the  accused  may  possibly  be  innocent  falls  as  far  short  of  appreciating  the 
proper  quantum  of  proof  required  in  a  criminal  trial  as  does  a  court  which  convicts 
because  the  accused  is  probably  guilty.  " 

(3)  Presumptions  of  law  and  of  fact. — Under  the  head  of  "What  is  to  be  presumed," 
we  find  two  classes  of  presumptions — those  of  law  and  those  of  fact.  By  presumptions 
of  law  are  meant  the  general  propositions  established  by  the  law,  which  are  accepted 
without  evidence  by  the  courts  as  being  prima  fade  true.  These  are  of  two  kinds, 
those  which  are  conclusive  and  those  which  are  disputable.  By  presumptions  of  fact 
are  meant  those  inferences  as  to  the  existence  of  a  fact  derived  from  some  other  facts; 
in  other  words,  inferences  deduced  by  the  human  reason. 

(4)  What  is  taken  notice  of  judicially. — As  to  the  matters  of  which  the  courts  take 
judicial  notice,  we  find  that  there  are  many  facts  of  a  conspicuous  general  or  public 
character  which  so  authenticate  themselves  in  law  that  the  courts  take  judicial  notice 
of  their  existence  as  matters  of  course,  and  which  are  not  required  either  to  be  charged 
or  proved;  thus  a  court-martial  takes  judicial  notice  of  the  Constitution,  public  stat- 
utes, proclamations,  the  power  of  the  President  and  executive  departments,  matters 
of  public  history,  the  Navy  Regulations,  general  and  special  orders  and  circulars  of 
the  Department. 

Rules  as  to  admissibility  of  evidence. — The  three  principal  rules,  as  laid  down  by 
the  authorities,  bearing  on  the  admissibility  of  evidence  are:  (1)  The  evidence  must 
be  relevant;  (2)  the  burden  of  proof  is  on  the  Government,  (3)  the  best  evidence 
must  be  produced  of  which  the  nature  of  the  case  is  susceptible. 

Evidence  must  be  relevant. — In  order  that  evidence  may  be  admitted  by  a  court  it 
must  be  relevant,  i.  e.,  it  must  bear  directly  upon  the  issue.  The  reason  of  this  rule 
is  too  apparent  to  require  further  comment;  the  only  question  is,  when  is  a  fact  rele- 
vant to  the  issue?  The  answer  is,  "A  fact  is  relevant  when  it  is  the  cause  or  effect  of 
another  fact  or  is  the  effect  of  the  same  cause,  or  is  the  cause  of  the  same  effect. " 
"Particular  testimony  tends  to  prove  a  fact  when,  taken  in  connection  with  other  and 
similar  testimony,  it  is  calculated  to  establish  such  fact  in  evidence;  each  fact  so  testi- 
fied to  forming  a  link  of  the  chain  of  either  party. " 

Collateral  facts  generally  inadmissible, — Facts  which  are  collateral  to  the  issue  are 
inadmissible,  unless  the  bm-den  rests  upon  a  party  of  proving  interest  or  the  existence 
of  particular  knowledge  or  intent  on  the  part  of  a  person;  as,  for  instance,  in  a  case  of 
desertion,  testimony  that  the  accused  purchased  a  ticket  for  a  distant  point,  attempted 


138  NOTES   ON   EVIDENCE. 

to  dispose  of  his  outfit,  or  endeavored  to  exchange  it  for  civilian's  dress,  though  col- 
lateral, is  admissible  to  show  the  intent  of  not  returning,  which  is  the  essence  of  the 
offense. 

Burden  of  proof  on  the  Government,— Nothing  need  be  said  on  the  point  that  the 
burden  of  proof  is  on  the  Government,  as  this  rule  is  based  upon  one  of  the  fundamental 
axioms  of  the  law. 

Meaning  of  best  evidence. — By  the  best  evidence  is  meant  not  necessarily  the 
greatest  quantity  of  evidence,  but  the  most  authoritative  and  legally  satisfactory 
evidence  of  which  the  case  is  capable.  Whenever  it  appears  that  there  is  a  higher 
and  better  grade  of  evidence  than  that  which  is  introduced,  the  latter  is  not  admis- 
sible. 

Example  of  what  is  not  best  evidence ;  exception. — A  familiar  example  is  the  attempt 
to  introduce  oral,  or  pare],  evidence  to  show  the  contents  of  a  written  instrument. 
There  are,  of  course,  exceptions  to  this  rule.  One  exception  of  frequent  occurrence 
is  the  introduction  of  parol  evidence  to  prove  the  contents  of  a  document  which  is 
lost  or  destroyed  or  in  the  possession  of  the  other  side  and  not  produced  when  called 
for. 

Hearsay  evidence.— In  connection  with  the  requirement  that  the  best  evidence  of 
which  the  nature  of  the  case  is  susceptible,  must  be  produced,  the  subject  of  hearsay 
evidence  is  pertinent.  Greenleaf  states  that  hearsay  evidence  is  "That  form  of 
evidence  which  does  not  derive  its  value  solely  from  the  consideration  to  be  given  to 
the  witness  himself,  but  rests  in  part  on  the  veracity  and  competency  of  some  other 
person. " 

Why  hearsay  evidence  is  objectionable. — Hearsay  evidence  is  objectionable,  first, 
because  it  is  secondary  evidence  and  the  law  requires  primary  evidence;  second,  the 
real  witness  is  not  testifying  in  court  under  the  sanction  of  an  oath;  and,  third,  the 
opposite  party,  and  especially  the  defendant  in  a  criminal  case,  has  no  opportunity  to 
be  confronted  with  the  witness  against  him,  or  to  exercise  his  right  of  cross-examina- 
tion. There  are,  of  course,  exceptions  to  this  rule  of  exclusion;  and  again  there  are 
some  exceptions  which,  upon  examination,  will  be  found  to  relate  to  relevant  facts 
and  to  be,  as  such,  not  liable  to  objection  as  hearsay.  Thus,  where  the  question  at 
issue  is  whether  certain  words  were  actually  spoken  by  a  person  other  than  the  wit- 
ness, a  recital  of  the  words  by  the  witness  is  original  testimony  and  admissible. 

Exceptions  to  rule  excluding  hearsay  evidence. — The  principal  exceptions  to  the 
inadmissibility  of  hearsay  evidence  are: 

1.  Confessions  or  admissions  against  interest. 

2.  Dying  declarations. 

3.  Res  gestae. 

Confessions  or  admissions  against  interest. — These  are  admissible,  but  in  the  case 
of  confessions  it  must  be  clearly  shown  that  the  confession  was  voluntary,  and  any- 
thing which  will  tend  to  show  that  a  confession  was  extorted  by  threats  or  promises, 
or  by  use  of  force,  especially  by  one  in  authority,  will  destroy  its  value  as  evidence. 
The  court  is  allowed  to  take  testimony  to  ascertain  the  absolute  conditions  under 
which  a  confession  was  made  in  order  to  decide  whether  it  was  a  voluntary  act  of  the 
accused.  Again,  before  a  confession  be  admitted  in  evidence  the  corpus  delicti  must 
be  proved. 

Dying  declarations. — These  must  pertain  to  the  facts  relating  to  the  injury  from 
which  the  party  is  suffering.  It  must  be  shown  that  the  declaration  was  made  in 
view  of  impending  death  and  when  no  hope  of  recovery  was  cherished  by  the  de- 
clarant. In  such  a  case  the  sense  of  impending  death  replaces  the  sanctity  of  an  oath. 
A  declaration  made  under  these  circumstances  is  admissible  in  evidence  even  though 
the  declarant  subsequently  recovers. 

Res  gestae. — Another  form  of  declaration  of  a  third  person  which  is  admissible  is 
that  which  forms  a  part  of  what  is  legally  known  as  the  "res  gestae."        By  the  term 


NOTES   ON  EVIDENCE.  139 

"res  gestae"  is  meant  **the  circumstances  and  occurrences  attending  and  contempo- 
raneous with  the  principal  fact  at  issue,  or  so  nearly  contemporaneous  with  it  as  to 
constitute  a  part  of  the  same  general  transaction,  which  explain  and  elucidate  such 
fact  by  indicating  its  nature,  motive,  etc."  No  rule  can  be  laid  down  which  will  be 
a  guide  as  to  what  is  and  what  is  not  a  part  of  the  res  gestae.  It  is  a  matter  which 
must  be  left  to  the  wise  discretion  of  the  court.  A  declaration  made  even  a  few  sec 
onds  after  the  occurrence  of  a  fact  has  been  held  not  to  be  a  part  of  the  res  gestae, 
while  under  other  circumstances  a  declaration  made  a  week  or  months  after  the  fact 
has  been  held  as  part  of  the  res  gestae.  Each  and  every  case  must  stand  on  its  own 
merits,  and,  as  before  stated,  must  be  left  to  the  sound  discretion  of  the  court,  which 
of  course  is  guided  by  the  circumstances  attending  the  case. 

Accused  as  witness  in  his  own  behalf. — Formerly,  in  criminal  prosecutions,  the 
accused  could  not  testify,  but  by  the  act  approved  March  16,  1878,  it  was  provided 
that  the  ''accused  shall  at  his  own  request,  but  not  otherwise,  be  a  competent  wit- 
ness, and  his  failure  to  make  such  request  shall  not  create  a  presumption  against  him." 
Care  must  be  taken  by  the  court  that  the  accused  is  not  placed  on  the  stand  unless 
he,  himself,  requests  to  be  permitted  to  testify,  otherwise  a  fatal  error  is  committed. 
The  record  must  affirmatively  show  that  the  statutory  request  was,  in  fact,  made. 

No  comment  to  be  made  if  the  accused  does  not  take  the  stand. — With  reference  to 
the  fact  that  no  presumption  lies  against  the  accused  on  account  of  his  failure  to 
testify,  the  Supreme  Court  held  that  it  was  not  allowable  to  make  "comment,  espe- 
cially hostile  comment,  upon  such  failure."  "The  minds  of  the  jurors,"  it  was  further 
held,  "can  only  remain  unaffected  from  this  circumstance  by  excluding  all  reference 
to  it."  (Wilson  v.  United  States,  149  U.  S.,  60.)  It  is  accordingly  highly  improper 
for  the  judge-advocate,  in  summing  up  the  case  for  the  prosecution,  to  comment  on 
the  failure  of  the  accused  to  take  the  stand  in  his  own  behalf. 

Depositions  before  naval  courts. — Depositions  may,  by  the  act  of  February  16,  1909, 
be  taken  on  reasonable  notice  to  the  opposite  party,  and  when  duly  authenticated, 
may  be  put  in  evidence  before  naval  courts,  except  in  capital  cases  and  cases  where 
the  punishment  may  be  imprisonment  or  confinement  for  more  than  one  year,  as 
follows:  First,  depositions  of  civilian  witnesses  residing  outside  the  State,  Territory, 
or  district  in  which  a  naval  court  is  ordered  to  sit;  second,  depositions  of  persons  in 
the  naval  or  military  service  stationed  or  residing  outside  the  State,  Territory,  or 
district  in  which  a  naval  court  is  ordered  to  sit,  or  who  are  under  orders  to  go  outside 
of  such  State,  Territory,  or  district;  third,  where  such  naval  court  is  convened  on 
board  a  vessel  of  the  United  States,  or  at  a  naval  station  not  within  any  State,  Terri- 
tory, or  district  of  the  United  States,  the  depositions  of  witnesses  may  be  taken  and 
used  wherever  such  witnesses  reside  or  are  stationed  at  such  a  distance  from  the  place 
where  said  naval  court  is  ordered  to  sit,  or  are  about  to  go  to  such  a  distance  as,  in 
the  judgment  of  the  convening  authority,  would  render  it  impracticable  to  secure 
their  personal  attendance. 

How  witness  may  refresh  his  memory. — A  witness  may  be  allowed  to  refresh  his 
memory  by  reference  to  a  memorandum,  provided  it  was  made  by  him  at  the  time 
the  fact  or  transaction  to  which  it  refers  occurred,  or  as  soon  thereafter  as  to  afford  the 
presumption  that  the  memory  of  the  witness  was  fresh  at  the  time  of  making  it.  If 
the  paper  is  not  one  made  by  the  witness,  it  must  appear  that  after  inspecting  it,  he 
can  speak  from  his  own  recollection;  otherwise  he  can  not  use  it.  The  privilege  of 
using  a  memorandum  does  not  authorize  the  witness  to  read  his  evidence  from  notes 
previously  made. 

Witnesses  must  state  facts,  not  opinions ;  exceptions. — Witnesses  must  confine  them- 
selves to  statements  of  fact.  Opinions  are  not  admissible,  except  in  two  cases,  as 
follows : 

Opinions  drawn  from  numerous  facts  of  daily  observation  and  experience. — "In 
the  first  place,  any  intelligent  witness  may  testify  as  to  opinions  which  are  themselves 


140  NOTES   ON   EVIDENCE. 

conclusions  drawn  from  numerous  facts  within  the  daily  observation  and  experience 
of  intelligent  persons.  Such  relate  to  the  demeanor  or  appearance  of  a  person;  his 
sanity,  sobriety,  or  identity,  or  his  resemblance  to  another;  his  physical  condition, 
whether  sick  or  well;  his  condition  as  regards  emotion  or  passion,  as  to  anger,  hope  or 
fear,  joy  or  sorrow,  excitement  or  coolness,  and  the  like.  These  are  matters  of  every- 
day occurrence  with  respect  to  which  all  thoughtful  persons  form  conclusions  of  fact, 
to  which  they  are  competent  to  testify  in  a  proper  case." 

Opinions  of  experts. — "Second,  the  opinions  of  experts  in  an  art,  trade,  or  profes- 
sion, in  which  they  have  attained  especial  proficiency,  may,  at  the  discretion  of  the 
court  and  under  its  direction,  be  given  in  evidence.  This  is  permitted  for  the  reason 
that  the  opinions  in  question  are  technical  or  scientific  in  character  and  are  based 
upon  experience  that  is  beyond  the  knowledge  and  experience  of  the  average  member 
of  a  court.  Under  this  head  fall  opinions  as  to  the  effects  of  particular  poisons;  that 
is,  certain  symptoms  having  been  observed,  expert  opinions  may  be  received  as  to 
the  poisons  that  would  produce  such  effects.  In  general,  certain  facts  or  effects  hav- 
ing been  established  in  evidence,  the  testimony  of  experts  may  be  admitted  as  to 
the  causes  which  would  have  produced  such  effects;  or  as  to  the  laws  of  nature  appli- 
cable to  certain  causes  to  produce  particular  effects." 

Experts  must  be  shown  to  be  such. — "The  party  who  introduces  expert  witnesses 
must  show  that  they  are  experts  in  fact;  that  is,  that  they  actually  possess  the  technical 
or  scientific  knowledge  which  will  assist  the  court  to  a  correct  understanding  of  the 
fact  in  the  case.  Having  established  their  competency  and  the  necessity  for  their 
appearance,  they  may  give  opinions  as  to  certain  facts,  or  may  testify  in  answer  to  a 
hypothetical  question,  agreed  upon  by  the  parties  and  approved  by  the  court,  the 
answer  to  which  is  calculated  to  afford  the  court  the  assistance  of  which  they  stand 
in  need." 

Credibility  of  one's  own  witness  not  to  be  impeached. — A  rule  of  evidence  which  fre- 
quently arises  is  that  a  party  is  not  permitted  to  impeach  the  credibility  of  his  own 
witness;  but  this  must  not  be  construed  to  mean  that  he  can  not  introduce  other  testi- 
mony as  to  a  particular  fact  which  is  directly  contradictory  to  the  testimony  of  such 
witness. 

Weight  to  be  given  evidence  of  accused. — In  weighing  the  evidence  of  the  accused 
the  Supreme  Court  has  held  that  "the  testimony  of  the  defendant  in  a  criminal  case 
is  to  be  considered  and  weighed  by  tha  jury,  taking  all  the  evidence  into  considera- 
tion, and  giving  such  weight  to  the  testimony  as  in  their  judgment  it  ought  to  have." 

Credibility  of  testimony  determined  by  court. — The  question  of  the  credibility  of  the 
testimony  given  by  a  witness  is  a  most  important  one,  for  upon  it  rests  the  decision  of 
the  court  as  to  the  proof  of  the  various  allegations.  When  the  character  for  veracity 
of  a  witness  has  been  shown  to  be  bad — and  whether  this  has  been  done  or  not  is  a 
matter  within  the  sound  judgment  and  discretion  of  the  court — his  testimony  is  not 
necessarily  to  be  wholly  disregarded,  but  is  to  be  considered  in  connection  with  the 
rest  of  the  testimony  and  such  credit  given  to  it  as  it  appears  to  be  entitled  to  receive. 
Also  when  a  witness  has  been  shown  to  have  testified  falsely  to  a  certain  particular, 
the  maxim  *'falsus  in  uno,  falsus  in  omnibus,"  need  not  always  be  applied,  nor  all  his 
testimony  disregarded,  but  it  should  be  weighed  in  connection  with  the  other  testi- 
mony, especially  when  corroborated.  The  general  manner  and  bearing  of  a  witness 
is  an  important  consideration  in  weighing  his  testimony. 

Weight  of  evidence  as  affected  by  number  of  witnesses. — The  relative  number  of 
witnesses  for  the  prosecution  and  defense  is  by  no  means  decisive  in  general,  as  the 
relative  weight  of  the  evidence  depends  much  less  upon  the  number  of  the  witnesses 
than  upon  their  character,  their  relation  to  the  case,  and  the  circumstances  under 
which  their  testimony  is  given. 

Conflicting  testimony. — When  the  testimony  is  conflicting,  the  task  of  weighing  it 
is  frequently  attended  with  difficulty  and  is  sometimes  so  difficult  that  disagreement 


NOTES   ON   EVIDENCE.  141 

results.  As  a  general  rule,  however,  it  may  be  stated  that  "the  testimony  of  a  single 
competent  and  credible  witness  is  sufficient  to  establish  a  fact  in  evidence  unless  the 
Constitution,  a  statutory  provision,  or  a  rule  of  the  common  law  requires  otherwise." 
The  Constitution  of  the  United  States  provides  that  in  a  case  of  treason  two  witnesses 
to  the  same  overt  act,  unless  confession  is  made  in  open  court,  are  necessary  to  secure 
conviction. 

Corroboration  of  confession. — In  any  criminal  case  where  a  confession  is  made  out 
of  court,  two  witnesses  are  necessary  to  convict,  for  otherwise,  should  the  accused  deny 
said  confession  in  court,  we  would  have  the  oath  of  one  man  balanced  against  the  oath 
of  another;  but  in  some  jurisdictions  this  rule  has  been  relaxed  so  that  the  testimony 
of  a  single  credible  witness,  supported  by  criminating  circumstances,  is  held  to  be 
sufficient  to  establish  guilt  beyond  a  reasonable  doubt. 

Cumulative  evidence  unnecessary. — When  a  fact  has  been  conclusively  established, 
it  is  unnecessary  to  consume  the  time  of  the  court  by  introduction  of  additional  evi- 
dence which  is  merely  cumulative. 

Facts  asserted  established  by  admission. — Facts  asserted  by  one  of  the  parties  may 
be  established  by  admission  on  the  part  of  the  other,  i.e.  by  admission  of  the  accused 
or  the  judge-advocate,  formally  made  in  open  court.  In  such  case  no  testimony  in 
proof  or  disproof  of  facts  so  admitted  will  be  received.  (But  see  "  Rejection  of  plea," 
p.  23,  and  "Plea  of  guilty,"  etc.,  p.  143.) 

Public  and  private  writings. — The  question  of  public  and  private  writings  in  evi- 
dence is  a  very  extended  one.  A  public  document  is  "any  written  instrument  origi- 
nating in  or  pertaining  to  any  office  or  department  of  the  Government,"  and  under 
this  head  are  included  statutes,  resolutions,  and  other  acts  of  the  legislature;  the 
treaties,  proclamations,  orders,  regulations,  reports,  and  other  utterances  of  the 
Executive,  and  the  records,  judgments,  orders,  and  decrees  of  courts  of  justice.  Every 
public  document  pertains  to,  or  is  said  to  be  of  record  in,  some  public  office,  the  chief 
of  which  is  its  general  custodian. 

Secondary  evidence  as  to  public  documents. — When  it  becomes  necessary  to  pro- 
duce public  documents  before  a  court,  as  inconvenience  might  and  probably  would 
result  from  the  taking  of  the  originals  from  their  customary  place  of  file,  secondary 
evidence  as  to  their  contents,  in  the  form  of  copies  duly  authenticated  under  the  seal 
of  a  department,  are  admitted  in  evidence  in  the  same  manner  as  the  originals,  and, 
according  to  the  statutes,  full  credence  is  to  be  given  to  them.     (Sec.  882,  R.  S.) 

Public  statutes,  orders,  regulations,  etc.,  noticed  judicially. — Courts-martial  take 
judicial  notice  of  the  laws  of  the  land,  and  in  this  way  the  public  statutes  of  the  United 
States,  when  produced  from  the  authorized  editions  of  books,  are  judicially  taken 
notice  of,  together  with  the  regulations,  orders,  and  circulars  issued  by  the  Navy 
Department. 

Private  documents,  how  identity  established,  etc. — Private  documents  differ  from 
public  chiefly  in  the  character  and  amount  of  testimony  necessary  to  establish  their 
identity,  and  the  burden  of  such  proof  rests  with  the  party  in  whose  interest  the  paper 
is  produced.  As  a  general  rule  the  best  evidence  of  the  contents  of  a  paper  is  the  pro- 
duction of  the  paper  itself,  and  before  parol  evidence  thereof  can  be  admitted  it  must 
be  satisfactorily  shown  that  the  original  can  not  be  produced,  having,  for  example, 
been  lost  or  destroyed,  or  being  in  adverse  custody.  WTiile  as  a  general  rule  the 
document  speaks  for  itself,  it  does  not  follow  that  parol  evidence  may  not  be  intro- 
duced in  relation  thereto,  for  while  it  is  a  well-known  rule  of  evidence  that  parol  evi- 
dence may  not  be  used  "to  add  to,  subtract  from,  contradict,  or  vary  the  contents 
of  a  written  document,"  yet  at  all  times  a  latent  ambiguity  in  a  document  may  be 
explained  by  throwing  on  it  the  light  of  the  surrounding  circumstances.  For  this 
purpose  parol  evidence  is  always  admissible. 

When  document  is  not  in  hands  of  party  desiring  to  introduce  it. — If  the  paper  to  be 
introduced  is  in  the  hands  of  the  opposite  party,  formal  notice  to  produce  must  be 
served  on  him;  if  in  the  possession  of  a  person  not  a  party  to  the  trial,  it  is  produced 


142  NOTES    ON    EVIDENCE. 

by  a  subpoena  duces  tecum.  If  the  party  called  on  fails  to  produce  the  paper  then 
parol  evidence  as  to  its  contents  may  be  introduced. 

Manner  of  taking  oath. — Witnesses  called  before  a  court-martial  to  testify  are  sworn 
by  the  presiding  officer.  The  oath  or  affirmation  laid  down  in  the  statutes  must 
ordinarily  be  administered  before  a  witness  may  testify,  although  this  rule  as  to  the 
prescribed  oath  is  not  invariably  followed.  The  Attorney-General  rendered  an 
opinion  in  the  case  of  Paymaster  Watkins  to  the  effect  that  a  Chinaman  produced  as 
a  witness  might  take  the  oath  common  among  the  Chinese,  i.  e.,  the  breaking  of  a 
dish  in  the  court  room,  and  that  his  testimony  would  be  binding,  as  the  object  of  an 
oath  is  to  impress  upon  the  witness  the  fact  that  some  future  punishment  will  be 
meted  out  in  case  of  failure  to  tell  the  truth,  the  whole  truth,  and  nothing  but  the 
truth. 

Manner  of  examining  witnesses;  leading  questions,  etc. — Witnesses  are  first  exam- 
ined by  the  party  calling  them,  then  cross-examined  by  the  opposite  party.  So 
long  as  the  questions  are  relevant  to  the  issue  considerable  latitude  is  allowed  in  the 
direct  examination  of  witnesses,  but  care  must  be  taken  not  to  ask  leading  questions, 
i.  e.,  those  which  suggest  their  answers,  for  they  are  excluded  if  objected  to  by  the 
opposite  party.  Questions  of  identification  of  persons  or  things  which  have  already 
been  described,  introductory  questions,  questions  tending  to  aid  a  defective  memory, 
and  those  asked  a  witness  who  appears  hostile  to  the  party  calling  him,  are  exceptions 
to  this  rule. 

Cross-examination;  latitude  allowed. — The  cross-examination  of  a  witness  is  less 
restricted  than  the  direct,  but  must  in  general  be  confined  to  the  matter  brought  out 
in  the  direct  examination  and  must  not  be  extended  to  collateral  matter,  with  a 
view  to  contradicting  the  witness  by  other  evidence  and  thus  discrediting  him. 
This  rule  is,  however,  subject  to  the  qualifications  that,  the  object  of  cross-examina- 
tion being  to  test  the  credibility  of  the  witness,  great  latitude  is  allowed;  leading 
questions  are  permitted,  as  well  as  those  which  are  not  relevant  to  the  subject  where 
the  purpose  is  to  test  the  witness's  powers  of  observation,  the  accuracy  of  his  memory, 
and  the  connection  of  his  statement. 

Testimony  of  the  accused;  not  excepted  from  ordinary  rules. — The  testimony  of  an 
accused  party  is  competent  only  when  presented  as  authorized  by  the  act  of  March 
IG,  1878,  viz,  when  the  party  himself  requests  to  be  permitted  to  testify.  Such 
testimony  is  not  excepted  from  the  ordinary  rules  governing  the  admissibility  of 
evidence,  nor  from  the  application  of  the  usual  tests  of  cross-examination,  rebuttal, 
etc.,  except  that  an  accused  so  testifying  can  not  be  compelled  on  direct  examination 
against  his  objection  to  criminate  himself. 

Opinion  of  Supreme  Court, — Where  the  accused  party  waives  his  constitutional 
privilege  of  silence,  takes  the  stand  in  his  own  behalf  and  makes  his  own  statement, 
it  is  clear  that  the  prosecution  has  a  right  to  cross-examine  him  upon  such  statement 
with  the  same  latitude  as  would  be  exercised  in  the  case  of  an  ordinary  witness,  as 
to  the  circumstances  connecting  him  with  the  alleged  crime.  While  no  inference 
of  guilt  can  be  drawn  from  his  refusal  to  avail  himself  of  the  privilege  of  testifying, 
he  has  no  right  to  set  forth  to  the  jury  all  the  facts  which  tend  in  his  favor  without 
laying  himself  open  to  a  cross-examination  upon  those  facts.  The  witness  having 
sworn  to  an  alibi,  it  was  perfectly  competent  for  the  Government  to  cross-examine 
him  as  to  every  fact  which  had  a  bearing  upon  his  whereabouts  upon  the  night  of 
the  murder,  and  as  to  what  he  did  and  as  to  the  persons  with  whom  he  associated 
that  night.  Indeed  we  know  of  no  reason  why  an  accused  person,  who  takes  the 
stand  as  a  witness,  should  not  be  subject  to  cross-examination  as  other  witnesses  are. 
*  *  *  While  the  court  would  probably  have  no  power  of  compelling  an  answer 
to  any  question,  a  refusal  to  answer  a  proper  question  put  upon  cross-examination 
has  been  held  to  be  a  proper  subject  of  comment  to  the  jury  {State  v.  Ober,  52  N.  H., 
459;  and  it  is  also  held  in  a  large  number  of  cases  that  when  an  accused  person  takes 


NOTES   ON   EVIDENCE.  143 

the  stand  in  his  own  behalf,  he  is  subject  to  impeachment  like  other  witnesses.  If 
the  prosecution  should  go  farther  and  compel  the  defendant,  on  cross-examination, 
to  write  his  own  name  or  that  of  another  person,  when  he  had  not  testified  in  refer- 
ence thereto  in  his  direct  examination,  the  case  of  State  v.  Lurch,  12  Oregon,  99, 
is  authority  for  saying  that  this  would  be  error.  It  would  be  a  clear  case  of  the  de- 
fendant being  compelled  to  furnish  original  evidence  against  himself.  State  v. 
Saunders,  14  Oregon,  300,  is  also  authority  for  the  proposition  that  he  can  not  be 
compelled  to  answer  as  to  any  facts  not  relevant  to  his  direct  examination.  {Fitz- 
patrick  v.  United  States,  178  U.  S.,  304.) 

Questions  witness  may  decline  to  answer. — A  witness  may  rightfully  decline  to 
answer  certain  questions,  and  in  such  cases  should  be  sustained  by  the  court.  These 
questions  are  known  as  "privileged,"  and  are  made  so  as  a  matter  of  public  policy, 
with  a  view  to  preventing  inquisitorial  trials,  or  to  forbidding  the  disclosure  of  facts, 
the  discovery  of  which  would  seriously  affect  the  public  business  or  trespass  unduly 
upon  certain  private  relations,  the  continued  existence  of  which  it  is  the  policy  of 
the  law  to  secure. 

The  principal  cases  of  privilege  are:  1.  State  secrets. — This  class  covers  all  the 
departments  of  the  Government,  and  its  immunity. rests  upon  the  belief  that  the 
public  interests  would  suffer  by  a  disclosure  of  state  affairs.  The  scope  of  this  class 
is  very  extended,  and  the  question  of  the  inclusion  of  a  given  matter  therein  is  de- 
cided by  a  consideration  of  the  requirements  of  public  policy  with  reference  to  such 
matter. 

2.  Attorney  and  client. — This  class  includes  all  confidential  communications  be- 
tween a  client  and  his  attorney,  made  during  the  existence  of  the  relationship  and 
having  reference  thereto,  but  does  not  include  matters  coming  to  the  knowledge  of 
the  attorney  independently  of  his  employment.  The  privilege  extends  to  the  clerks, 
stenographers,  interpreters,  and  other  employees  whose  services  are  necessary  to  the 
counsel  in  the  transaction  of  his  business. 

3.  Husband  and  wife. — This  case  covers  all  communications  of  a  confidential  nature 
made  during  the  continuance  of  marriage.  In  personal  assaults,  however,  of  the  one 
against  the  other,  the  testimony  of  either  as  against  the  defendant  is  admissible. 

4.  Criminating  questions. — All  questions  whose  answers  would  expose  the  witness 
to  a  criminal  prosecution  or  penal  action  come  under  the  head  of  privileged  questions. 
This  is  a  principle  of  the  common  law  which  has  been  afiirmed  by  the  Constitution, 
The  witness  may,  of  course,  waive  this  exemption.  By  the  act  of  February  16,  1909, 
it  is  expressly  provided  that  no  witness  shall  be  compelled  to  incriminate  himself 
or  to  answer  any  question  which  may  tend  to  incriminate  or  degrade  him. 

Impeachment  of  credibility  of  witness. — The  credibility  of  a  witness  may  be  attacked 
in  his  cross-examination,  or  his  testimony  may  be  rebutted  by  other  witnesses.  In 
addition  to  this  his  reputation  for  truth  and  veracity  may  be  impeached.  By  this  is 
meant  the  general  reputation  of  the  party  in  the  community  in  which  he  lives  and 
as  understood  by  those  by  whom  he  is  best  known.  When  the  impeachment  is  to 
be  made  by  the  testimony  of  other  witnesses  care  must  be  taken  to  lay  the  ground- 
work for  such  impeachment  while  the  witness  is  on  the  stand,  otherwise  it  is  not 
admissible. 

Statements  of  witness  outside  of  court. — A  witness  may  also  be  shown  to  have  made 
statements  outside  of  court  inconsistent  with  those  made  under  oath,  but  the  state- 
ments in  question  must  have  been  relevant  to  the  issue,  and  it  is  proper,  where  such 
contradiction  is  intended,  to  direct  the  attention  of  the  witness  himself  particularly 
to  the  matter  while  on  the  stand. 

Plea  of  guilty  does  not  exclude  evidence  for  prosecution. — A  plea  of  guilty  does  not 
necessarily  exclude  evidence  for  the  prosecution.  Where  the  court  has  discretionary 
power  as  to  the  punishment  to  be  awarded  it  is  proper  that  it  should  have  full  knowl- 
edge of  all  the  circumstances  attending  the  offense.     The  reviewing  authority  is 


144  NOTES   ON   EVIDENCE. 

also  entitled  to  this  knowledge,  and  to  this  end  it  is  proper  for  the  court  to  take  evi- 
dence after  a  plea  of  guilty,  unless  the  facts  are  so  fully  set  forth  in  the  specification 
as  to  show  all  circumstances  of  mitigation  or  aggravation. 

Accused  may  cross-examine. — When  evidence  of  this  character  is  introduced  after 
a  plea  of  guilty,  the  accused  has  the  same  right  to  cross-examine  the  witnesses  and  to 
offer  evidence  in  rebuttal  as  though  he  had  pleaded  not  guilty. 

Statement  inconsistent  with  plea. — It  frequently  occurs  that  an  accused,  not  being 
familiar  with  the  effect  of  his  plea,  will  plead  "guilty,"  and,  no  evidence  being 
introduced,  will  submit  to  the  court  a  statement  inconsistent  with  his  plea.  It  is 
the  duty  of  the  court  in  such  cases  to  consider  the  statement  and  plea  together,  and 
if  guilt  is  not  conclusively  admitted,  it  will  direct  the  judge-advocate  to  enter  a  plea 
of  ''not  guilty"  and  proceed  to  trial.     (See  note,  "  In  cases  of  desertion,"  p.  24.) 

Examples  of  statement  inconsistent  with  plea. — One  of  the  familiar  instances  of  a 
statement  inconsistent  with  a  plea  is  presented  where  the  accused,  charged  with 
desertion,  pleads  "guilty,"  and  then  submits  a  statement  in  which  he  denies  that  at 
any  time  he  had  any  intention  permanently  to  abandon  the  service. 

Statutes  of  limitation.^ — The  statutes  of  limitation,  as  contained  in  articles  61  and  62 
of  the  Articles  for  the  Government  of  the  Navy,  relate  to  a  matter  of  defense  which 
may  be  either  specially  pleaded  by  the  accused  or  may  be  taken  advantage  of  under 
the  general  issue,  if  the  evidence  shows  that  the  statute  applies.  A  conviction  by  a 
court-martial,  duly  approved  by  the  convening  authority,  conclusively  establishes 
as  a  fact  that  the  prosecution  was  not  barred  by  the  limitation,  and  the  question 
will  not,  thereafter,  be  considered  by  a  civil  court  in  habeas  corpus  proceedings. 

Witnesses  may  be  recalled  and  evidence  introduced  out  of  usual  order. — While  the 
proper  and  orderly  sequence  of  the  examination  of  witnesses  is  that  set  forth  in  the 
"Procedure  of  General  Courts-Martial"  {ante),  the  court  may,  in  the  interest  of  truth 
and  justice,  call  or  recall  witnesses,  or  permit  their  recall  at  any  stage  of  the  proceed- 
ings. Evidence  may  also  be  admitted  entirely  out  of  its  usual  and  proper  place,  and 
in  fact  the  court  may,  even  after  a  case  is  closed  by  either  party,  permit  it  to  be  re- 
opened for  the  introduction  of  material  evidence.  This  should  be  done  in  the  pres- 
ence of  both  parties,  and  the  opposite  party  has  the  usual  right  to  cross-examine  and 
to  offer  evidence  in  rebuttal. 

To  what  facts  evidence  may  be  given : 

1.  To  the  precise  fact  in  dispute. 

2.  To  the  act,  declaration,  or  omission  of  a  party  as  evidence  against  such  party. 

3.  An  act  or  declaration  of  another,  which  act  or  declaration  would  naturally  accom- 
pany the  situation,  considering  the  relative  conduct  of  the  parties. 

4.  After  proof  of  a  conspiracy,  the  act  or  declaration  of  a  conspirator  relating  to  the 
conspiracy. 

5.  The  act,  declaration,  or  omission  forming  part  of  a  transaction. 

6.  The  testimony  of  the  witness  deceased,  or  out  of  the  jurisdiction  of  the  court,  or 
who  is  unable  to  testify,  which  was  given  in  a  former  action  between  the  same  parties 
relating  to  the  same  matter. 

7.  The  opinion  of  a  witness  respecting  the  identity,  or  the  handwriting,  of  a  person 
when  he  has  knowledge  of  the  person  or  of  the  handwriting. 

8.  The  opinion  of  a  witness  on  a  question  of  science,  art,  or  trade  when  the  witness 
is  skilled  therein. 

9.  The  opinion  of  a  subscribing  witness  to  a  writing  respecting  the  mental  sanity  of 
the  signer,  his  sanitj  being  in  dispute. 

10.  The  opinion  of  an  intimate  acquaintance  respecting  the  sanity  of  a  person,  the 
reason  for  the  opinion  being  given. 

11.  Common  reputation  existing  previous  to  the  controversy  respecting  facts  of  a 
public  or  general  interest  more  than  thirty  years  old. 


NOTES   ON   EVIDENCE.  145 

12.  Facts  which  serve  to  show  the  credibility  of  a  witness;  such  as  his  general  repu- 
tation for  veracity,  his  motives,  or  contradictory  statements  made  by  him  relative 
to  the  facts  in  issue. 

13.  Any  other  facts  from  which  the  points  in  issue  may  be  logically  inferred. 

14.  The  state  of  a  witness's  feelings  to  the  parties  and  his  relationship  may  always 
be  proved  for  the  consideration  of  the  court. 

Preponderance  of  evidence. — In  determining  where  the  preponderance,  or  superior 
weight,  of  the  evidence  lies  the  court  may  consider: 

1.  The  witness's  manner  of  testifying. 

2.  His  intelligence. 

3.  His  means  and  opportunities  of  knowing  the  facts  to  which  he  testifies. 

4.  The  nature  of  the  facts  to  which  he  testifies. 

5.  The  probability  or  improbability  of  hie  testimony. 

6.  His  interest  or  want  of  interest. 

7.  His  personal  credibility,  so  far  as  it  legitimately  appears  upon  the  trial, 

8.  The  number  of  witnesses;  though  the  preponderance  is  not  necessarily  with  the 
greatest  number. 

9.  All  the  facts  and  circumstances  of  the  case. 

Original  entries. — When  an  entry  is  repeated  in  the  regular  course  of  business,  one 
being  copied  from  another  at  or  near  the  time  of  the  transaction,  all  the  entries  are 
equally  regarded  as  original. 

Alterations  in  a  writing. — The  party  producing  a  writing  as  genuine  which  has  been 
altered  in  a  part  material  to  the  question  in  dispute,  and  which  appears  to  have  been 
altered  after  its  execution,  must  account  for  the  appearance  of  the  alteration  before 
the  writing  will  be  received  in  evidence.     He  may  show  that  the  alteration — 

1.  Was  made  by  another  without  his  concurrence. 

2.  Was  made  with  the  consent  of  the  parties  affected  by  it,  or  otherwise  properly 
or  innocently  made. 

3.  Did  not  change  the  meaning  or  the  language. 

Entries  and  writing  of  a  deceased  person. — Entries  and  writings  of  a  deceased  person 
who  was  in  a  position  to  know  the  facts  therein  stated  and  who  made  the  entries  at  or 
near  the  time  when  the  facts  occurred  may  be  read  as  prima  facie  evidence  of  such 
facts — 

1.  When  the  entry  is  against  the  interest  of  the  deceased  person  who  made  it. 

2.  When  it  was  made  in  a  professional  capacity  in  the  ordinary  course  of  professional 
conduct. 

3.  When  it  was  made  in  the  performance  of  a  duty  enjoined  by  law,  or  in  the  course 
of  the  person's  ordinary  and  regular  duties. 

Disputable  presumptions. — It  is  presumed  to  be  true  until  disproved  by  evidence 
that — 

1.  A  person  is  innocent  of  crime  or  wrong. 

2.  An  unlawful  act  was  done  with  unlawful  intent. 

3.  A  person  takes  ordinary  care  of  his  own  concerns. 

4.  Money  paid  by  one  to  another  belongs  to  the  latter. 

5.  A  thing  delivered  by  one  person  to  another  belongs  to  the  latter. 

6.  A  person  owns  the  property  which  is  in  his  possession. 

7.  A  person  acting  in  a  public  office  was  regularly  appointed  or  elected  to  it. 

8.  Official  duty  has  been  regularly  performed. 

9.  Private  transactions  have  been  fair  and  regular. 

10.  A  writing  is  correctly  dated. 

11.  A  letter  duly  directed  and  mailed  was  received  in  the  regular  course  of  the  mail. 

12.  There  is  identity  of  person  from  identity  of  name,  depending  upon  circum- 
stances. 

8483—10 10 


146  NOTES   ON   EVIDENCE. 

13.  A  person  not  heard  from  in  seven  years  is  dead. 

14.  Acquiescence  resulted  from  a  belief  that  the  thing  acquiesced  in  was  conform- 
able to  the  law  or  to  the  fact. 

15.  Things  have  happened  according  to  the  ordinary  course  of  nature  and  the  ordi- 
nary course  of  life. 

16.  A  man  and  woman  deporting  themselves  as  husband  and  wife  have  entered 
into  a  lawful  contract  of  marriage. 

17.  A  child  born  in  lawful  wedlock,  there  being  no  divorce,  is  legitimate. 

18.  A  thing  once  proved  to  exist  continues  as  long  as  is  usual  with  things  of  that 
nature. 

19.  The  law  has  been  obeyed. 

20.  A  printed  or  published  book  purporting  to  contain  reports  of  cases  adjudged 
in  tribunals  of  the  State  or  country  where  the  book  is  published  contains  correct 
reports  of  such  cases. 

21.  A  book  purporting  to  be  printed  or  published  by  public  authority  was  so  printed 
or  published. 

22.  There  was  a  good  and  sufficient  consideration  for  a  written  contract. 

Are  rules  of  evidence  binding  on  courts-martial? — A  military  court  should,  in  gen- 
eral, as  the  wisest,  safest,  and  fairest  proceeding,  observe  the  well-established  rules 
of  evidence.     (Winthrop,  vol.  1,  p.  567.) 

Courts-martial  are  bound,  in  general,  to  observe  the  fundamental  rules  of  law 
and  principles  of  justice  observed  and  expounded  by  the  civil  judicature;  and  are 
also,  in  general,  to  be  governed  upon  trials  by  the  rules  of  evidence  of  the  common 
law  as  recognized  and  followed  by  the  criminal  courts  of  the  country.  *  *  *  In- 
asmuch as  the  rules  of  evidence  are  in  the  main  the  result  of  the  best  wisdom  and 
experience  of  the  past,  approved  and  ratified  by  modern  intelligence,  it  is  clear  that 
military  tribunals  can  not,  in  general,  safely  assume  to  reject  or  ignore  them.  *  *  * 
If  the  effect  of  a  technical  rule  is  found  to  exclude  material  facts,  or  otherwise  to 
obstruct  a  full  investigation  the  rule  may  and  should  be  departed  from.  Proper  occa- 
sions, however,  for  such  departure  will  be  exceptional  and  infrequent.  (Winthrop, 
p.  472.) 

Courts-martial  having  cognizance  only  of  criminal  offenses  are  bound,  in  general, 
by  the  rules  of  evidence  administered  in  criminal  cases  in  courts  of  common  law;  the 
only  exceptions  being  those  which  are  of  necessity  created  by  the  nature  of  the  service, 
by  the  constitution  of  the  court,  and  by  its  course  of  proceedings.  (Greenleaf,  vol. 
3,  pars.  469,  476.) 

As  no  rules  of  evidence  are  specially  prescribed  by  Congress  for  the  observance  of 
courts-martial,  it  must  be  deemed  that  such  courts  are  contemplated  to  be  governed, 
in  general,  by  the  same  rules  of  evidence  which  govern  the  ordinary  courts  of  criminal 
jurisdiction.  These  rules  are  prescribed  by  the  common  law,  excepting,  of  course, 
where  otherwise  provided  by  statute,  in  which  case  the  latter  prevail.  (Opin.  Atty. 
Gen.  Brewster  in  Whittaker's  case,  March  17,  1882.) 

The  rules  of  evidence,  established  by  a  long  line  of  decisions,  are  the  only  safe 
guides  for  the  ascertainment  of  truth,  and  can  not  safely  be  purposely  disregarded  by 
military  courts.     (G.  C.  M.  Order  6,  Div.  Army  Atlantic,  1891.) 

The  rules  of  evidence  are  substantially  the  same  in  criminal  as  in  civil  procedure. 
(Greenleaf,  vol.  1,  par.  65.) 

Facts  are  best  established  before  a  tribunal  by  the  steady  operation  of  fixed  rules; 
and  these  must  be  of  such  a  general  character  that  they  may  be  applied  to  the  estab- 
lishment of  all  matters  of  fact  whatever  their  nature. 

Such  are  the  existing  rules  of  evidence;  they  are  the  collected  wisdom  of  past  expe- 
rience. Their  application  insures  justice  and  impartiality  in  the  greatest  number  of 
cases;  best  secures  a  man  from  being  divested  of  his  rights  at  the  pleasure  of  a  tribunal; 


NOTES   ON   EVIDENCE.  147 

and  shortens  a  trial  by  excluding  irrelevant  evidence  and  by  bringing  to  an  issue  the 
points  in  dispute. 

It  is  not  always  possible  for  a  tribunal  to  arrive  at  a  perfect  knowledge  of  the  truth 
in  each  particular  case,  and  yet  necessities  require  that  a  judgment  be  rendered. 

Directory  regulations. — Executive  regulations  are  not,  in  general,  imperative  to  the 
extent  of  rendering  actually  invalid  acts  provided  for  by  the  regulations  but  not  done 
in  compliance  with  their  requirements.  Such  regulations  are,  in  general,  directory 
only. 

Depending  upon  the  quality  of  not  being  of  the  essence  or  substance  of  the  thing 
required,  compliance  being  rather  a  matter  of  convenience,  and  the  direction  being 
given  with  a  view  simply  to  proper,  orderly,  and  prompt  conduct  of  business,  they 
seem  to  be  generally  understood  as  mere  instructions  for  the  guidance  and  govern- 
ment of  those  on  whom  the  duty  is  imposed,  or,  in  other  words,  as  directory  only. 
(Endlich  on  Interpretation  of  Statutes,  par.  436;  Dig.  Opins.  J.  A.  G.  Army,  p.  754.) 

Many  statutory  requisitions,  intended  for  the  guidance  of  officers  in  the  conduct  of 
business,  do  not  limit  their  power  or  render  its  exercise  in  disregard  of  the  require- 
ments ineffectual.  Such  are  regulations  designed  to  secure  order,  system,  and  dis- 
patch in  proceedings.  Provisions  of  this  character  are  not  mandatory  unless  accom- 
panied by  negative  words  importing  that  the  acts  shall  not  be  done  in  any  other 
manner  or  time  than  designated.  (Anderson's  Law  Dictionary,  Dig.  Opins.  J,  A.  G. 
Army,  p.  755.) 

The  above  rules  have  been  applied  to  the  construction  of  Army  Regulations. 
(Dig.  Opins.  J.  A.  G.  Army,  p.  755.) 

In  the  administration  of  military  affairs,  as  in  other  branches  of  government,  prece- 
dents are  of  great  value ;  and  an  authoritative  construction  once  given  to  a  regulation 
should  thereafter  be  given  great  weight.     (Dig.  Opins.  J.  A.  G.  Army,  p.  758.) 

Affidavits. — 1.  Affidavits,  or  statements  of  persons  not  subjected  to  cross-examina- 
tion, are  entirely  incompetent  as  evidence  before  courts-martial. 

2.  A  letter  from  a  post  adjutant  introduced  in  evidence  was  held  improperly  admitted, 
being,  though  official,  a  mere  ex  parte  statement. 

3.  Certain  ex  parte  statements  contained  in  a  record  of  a  board  of  survey  were  held 
improperly  admitted  in  evidence  upon  a  trial  by  court-martial. 

4.  Affidavits,  however,  have  sometimes  been  admitted  by  courts-martial  in  the 
absence  of  objection  by  a  party.  But  notwithstanding  the  consent  of  parties,  a  court- 
martial  could  rarely,  if  ever,  with  safety  receive  evidence  of  this  character,  which 
must,  in  general,  be  too  incomplete  to  serve  as  a  reliable  basis  either  for  its  own  judg- 
ment or  the  action  of  the  reviewing  authority.     (Winthrop,  p.  536.) 


SUMMARY  COURTS-MARTIAL. 


149 


Summary  Courts-Martial. 


Incidents  of  a  trial  by  summary  court-martial. 

1.  Court  meets. 

2.  Accused  introduced. 

3.  Does  accused  desire  counsel,  and  if  so,  counsel  introduced. 

4.  Has  accused  received  a  copy  of  the  specification;   if  so,  when? 

5.  Is  accused  ready  for  trial? 

6.  Convening  order  read  aloud. 

7.  Does  accused  object  to  any  member  mentioned  in  order? 

8.  Members  sworn. 

9.  Recorder  sworn. 

10.  All  witnesses  directed  to  withdraw. 

1 1 .  Specification  read  aloud  by  recorder. 

12.  Prosecution  begins. 

13.  Prosecution  rests. 

14.  Defense  begins. 

15.  Defense  rests. 

16.  Rebuttal. 

17.  Surrebuttal. 

18.  Trial  finished. 

19.  Court  closed  for  deliberation. 

20.  Recorder  recalled  to  record  finding. 

21.  Court  opened  to  receive  evidence  of  previous  convictions. 

22.  Court  cleared. 

23.  Recorder  recalled  to  record  sentence. 

24.  Record  signed. 

25.  Court  opened. 

26.  Adjournment. 

151 


RECORD  OF  PROCEEDINGS 


OP  A 


Summary  Court-Martial 

IN   THE    CASE    OP 

Z.  S ,  Seaman,  U.  S.  Navy. 


U.  S.  S.  Hancock, 

Navy- Yard,  New  York, 

January  — ,  19 — . 


Record  in  revision.— The  proceedings  in  revision  must  form  a  separate  and  com- 
plete record  which  should  be  prefixed  to  the  record  of  which  it  is  a  revision. 

153 


Order  convening  a  summary  court-martial. 

U.  S.  S.  Hancock, 
Navy- Yard,  New  York, 

January  — ,  19 — , 
Sir:  A  summary  court-martial  is  hereby  ordered  to  convene  on  board  this  vessel  on 
Friday,  January  — ,  19 — ,  or  as  soon  thereafter  as  practicable,  for  the  trial  of  such  per- 
sons as  may  be  legally  brought  before  it. 
The  court  will  be  constituted  as  follows: 

Lieut.  A R.  K ,  U.  S.  Navy; 

Lieut.  J M.  D ,  U.  S.  Navy;  and 

First  Lieut.  G B.  W ,  U.  S.  Marine  Corps,  members,  and 

Ensign  J H.  R ,  U.S.  Navy,  recorder. 


Captain,  U.  S.  Navy,  Commanding. 

Lieut.  A R.  K ,  U.  S.  Navy, 

U.  S.  S.  Hancock, 

Navy-  Yard,  New  York. 

Detail  of  recorder.— A  petty  officer  or  anoncommissioned  officer  of  marines  can  not 
lawfully  be  detailed  as  recorder  of  a  summary  court-martial. 

Commissioned  warrant  officers  as  members.— Commissioned  warrant  officers  may 
be  detailed  as  members  of  a  summary  court-martial. 

Detail  for  trial  of  marine.— When  an  enlisted  man  of  the  Marine  Corps  is  to  be  tried 
one  or  more  marine  officers  shall  be  detailed  as  members,  if  practicable. 

Selection  of  members.— Care  shall  be  exercised  in  selecting  the  personnel  of  the  court 
so  that  no  reasonable  objection  against  a  member  may  be  made  by  either  the  accused 
or  by  the  recorder  when  called  upon  to  exercise  the  right  of  challenge. 

Original  prefixed  to  record  of  first  case. 


Form  of  specification. 

Specipication  op  an  Offense  (or  Offenses)  Preferred  Against  J Z. 

S ,  Seaman,  TJ.  S.  Navy. 

Specification.— Jn  that  J Z.  S ,  a  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  U.  S.  S.  Hancock,  navy-yard,  New  York, 
did,  on  or  about  the  tenth  day  of  January,  nineteen  hundred  and  nine,  absent 
himself  from  his  station  and  duty  without  leave  from  proper  authority,  and  did 
remain  so  absent  until  the  twenty-fourth  day  of  the  month  and  year  aforesaid. 
Approved  January  — ,  19 — . 

To  be  tried  before  the  summary  court-martial  of  which  Lieut.  A R.  K , 

U.  S.  Navy,  is  senior  member. 


Captain,  U.  S.  Navy, 
Commanding  U.  S.  S.  Hancock. 
155 


156  PROCEEDINGS   OF  A  SUMMARY   COURT-MARTIAL. 

Original  prefixed  to  record. 

Forms  of  specifications.— The  specimen  forms  of  specifications,  pp.  89  and  167, 
should  he  followed  in  preparing  specifications  for  summary  courts-martial  as  far  as 
practicable. 
•  Specification  alleging  incompetency. — When  the  specification  alleges  incompetency 

it  is  essential  to  set  forth  the  particular  acts,  or  neglect,  upon  which  the  specification 
is  based. 

Intoxicants  in  possession. — When  the  allegation  involves  having  intoxicants  in  pos- 
session, it  is  essential  to  specify  that  the  possession  was  "unlawful." 

Absence  over  or  without  leave.— The  period  of  absence  over  or  without  leave,  in 
the  case  of  an  enlisted  man  reporting  at  a  station  or  on  board  a  ship  other  than  his 
own,  should  be  considered  as  the  time  elapsing  from  the  date  of  commencement  of 
the  unauthorized  absence  to  date  of  his  return  to  his  proper  station  or  ship. 

Care  to  be  exercised  by  convening  authority.— Convening  authorities  preparing 
specifications  for  courts-martial  should  in  all  cases  before  delivering  the  same  take  the 
precaution  to  read  them  carefully  with  the  end  in  view  of  determining  whether  or  not 
the  statement  of  facts  of  the  alleged  offense,  as  set  forth  therein,  actually  constitutes  a 
military  or  legal  offense.  Frequently  an  offense  is  implied  and  not  set  forth  clearly  and 
explicitly,  and  thus  does  not  show  that  an  unlawful  act  has  been  committed. 


FIRST  DAY. 


u.  s.  s. , 

Navy- Yard,  New  York, 

January  — ,  19 — ; 
The  court  met  at  10  a.  m. 
Present : 

Lieut.  A R.  K ,  U.  S.  Navy; 

Lieut.  J M.  D ,  U.  S.  Navy;  and 

First  Lieut.  G B.  W ,  U.  S.  Marine  Corps,  mem- 
bers, and 
Ensign  J H.  R ,  U.  S.  Navy,  recorder. 

See  also  notes  under  general  court-martial  procedure. 

Record  of  eacli  case  complete.— The  record  of  every  case  must  be  complete  in  itself, 
and  therefore  the  place,  date,  names  and  rank  of  members  and  recorder  must  be  fully 
set  out  at  the  beginning  of  each  case. 

Var.  1.  Lieut.  J M.  D ,  U.  S,  Navy,  a  member,  was 

absent  on  account  of  illness  (or  other  cause),  and  the  court  being 
reduced  below  the  number  authorized  by  law,  adjourned  until  10 
a.  m.,  to-morrow,  the instant. 

Var.  2.  The  court,  being  reduced  below  the  number  authorized 
by  law,  informed  the  convening  authority  to  that  effect  and  then  took       , 
a  recess  until  11.30  a.  m.,  the  same  date,  when  it  reconvened.     Pres- 
ent: The  members  last  above  mentioned,  the  recorder,  and  Ensign 

T S ,  U.  S.  Navy,  appointed  a  member  by  the  convening 

authority,  vice  Lieut.  J M.  D ,  U.  S.  Navy,  relieved. 

The  accused  entered  and  stated  that  he  did  not  desire  counsel ;  that 
he  had  received  a  copy  of  the  specification  against  him  at  —  a.  m., 
January  — ,  19 — ,  and  that  he  was  ready  for  trial. 

Var.  1. that  he  desired  Captain,  L A ,  U.  S. 

Marine  Corps,  as  his  counsel,  and  that  officer  reported  as  such;  that 
he  had  received . 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  157 

Var.  2,  that  he  desired  postponement  until for  the 

reason  that . 

The  recorder  read  the  precept,  original  hereto  prefixed, marked  *'A". 

Var.  1.  original  prefixed   to  the  record   in  the  case  of 

M II .  S ,  private,  U.  S.  Marine  Corps. 

Var.  2.  and  an  order  relating  thereto,  prefixed  hereto, 

marked  " ." 

Reading  of  papers,  etc.— When  the  record  states  that  a  paper  or  document  is  read, 
it  is  to  be  understood  that  it  is  read  aloud. 

Composition  of  court  clianged.— In  case  the  composition  of  the  court  is  changed  a 
new  precept  should  be  issued. 

The  accused  stated  that  he  did  not  object  to  any  member. 

Var.  1.  The  accused  objected  to  being  tried  by  First  Lieut. 
G B.  W ,  U.  S.  Marine  Corps,  for  the  following  reasons: 


First  Lieutenant  W replied  to  the  objection  as  fol- 
lows:   . 

The  court  was  cleared  for  the  consideration  of  the  challenge,  the 
challenged  member  (if  he  so  desired)  also  withdrawing. 

After  due  deliberation  the  court  was  opened,  and  all  parties  to  the 
trial  entered.  The  senior  member  announced  that  the  objection  of 
the  accused  was  not  sustained . 

The  accused  had  no  further  objections  to  offer. 

Var.  2.  The  senior  member  announced  that  the  objection  of  the 
accused  was  sustained  and  the  record  would  be  forwarded  to  the  con- 
vening authority,  pending  a  reply  from  whom,  the  court  adjourned 
until  10  a.  m.,  to-morrow,  the  —  instant. 

Var.  3.  When   the   coiu-t  convened  (if  on   a   subsequent  day). 

Present:  ,  etc.     The  recorder  read  an  order  appended,  marked 

" ,"  from   the  convening  authority  returning  the  record  and 

directing  the  coiu"t  to  proceed  as  originally  constituted. 

The  accused  had  no  further  objections  to  offer. 

Var.  4.  The  recorder  read  aloud  an  order  from  the  convening 

authority  appointing  Lieut.  0 S ,  U.  S.  Navy,  vice  First 

Lieut.  G B.  W ,  U.  S.  Marine  Corps,  relieved,  which 

order  is  hereto  appended,  marked  " ." 

The  accused  had  no  further  objections  to  offer. 

Each  member  and  the  recorder  were  duly  sworn. 

How  oaths  administered.— The  oaths  shall  be  administered,  first,  to  the  members  by 
the  recorder,  and  then  to  the  recorder  by  the  senior  member. 

Oaths  administered  to  members.— You,  A '—  R.  K ,  J M.  D , 

and  G B.  W ,  do  swear  (or  affirm)  that  you  will  well  and  truly  try  without 

prejudice  or  partiality  the  case  now  depending,  according  to  the  evidence  which  shall  be 
adduced,  the  Laws  for  the  Government  of  the  Navy,  and  your  own  conscience. 

Oath  administered  to  recorder.— You,  J H.  R ,  do  swear  (or  aflirm)  that 

you  will  keep  a  true  record  of  the  evidence  which  shall  be  given  before  this  court  and  of 
the  proceedings  thereof. 

No  witnesses  were  present. 

Var.  All  witnesses  were  directed  to  withdraw. 
The   recorder   read   the   specification,    original   prefixed,   marked 
,"  and  arraigned  the  accused  as  follows: 


158  PKOCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL. 

Q.  J Z.  S ,  seaman,  U.  S.  Navy,  you  have  heard  the 

specification  preferred  against  you;  how  say  you  to  the  specification, 
guilty  or  not  guilty? 

A.  Not  guilty  (or,  guilty;  or,  guilty  except  as  to  the  words 
"  *     *     */'  to  which  words,  not  guilty;  or,  the  accused  stood  mute.) 

(In  case  the  accused  pleads  guilty.)  The  accused  was  duly  warned 
as  to  the  effect  of  his  plea,  and  persisted  therein. 

Warning  upon  plea  of  guilty  .—In  case  the  accused  pleads  guilty,  he  shall  be  warned 
by  the  senior  member  that  by  so  doing  he  deprives  himself  of  the  benefits  of  a  regular 
defense  and  can  only  introduce  evidence  in  extenuation  or  as  to  character.  See  notes 
following  the  arraignment,  general  court-martial. 

When  warning  not  given.— This  warning  will,  of  course,  not  be  given  when,  as  Is 
sometimes  the  case,  the  prosecution  intends,  notwithstanding  the  plea  of  guilty,  to  intro- 
duce evidence  to  show  the  degree  of  criminality  involved. 

The  prosecution  began. 

Accused  pleads  guilty.— If  the  accused  pleads  guilty  the  foregoing  sentence  shall 
be  omitted  unless  the  prosecution  offers  evidence  as  to  the  degree  of  criminality. 

Member  or  recorder  as  witness.— If  a  member  or  the  recorder  is  called  as  a  witness, 
the  record  must  show  that  upon  the  conclusion  of  his  testimony  he  resumed  his  status 
as  member  or  recorder. 

Testimony  of  member  or  recorder  taken  first.- The  testimony  of  a  member  or  the 
recorder  should  be  taken  before  any  other  evidence  is  received. 

Senior  member  as  witness. — If  the  senior  member  becomes  a  witness,  the  member 
next  in  rank  shall  administer  the  oath  and  preside  until  the  witness  resumes  his  status 
as  senior  member. 

Recorder  as  witness. — If  the  recorder  is  a  witness,  he  shall  record  his  own  testimony. 

Each  case  to  show  members  and  recorder  sworn.— When  more  than  one  case  is  tried 
by  the  court  the  record  in  each  case  must  show  that  the  members  and  recorder  were  duly 
sworn. 

A  witness  for  the  prosecution  was  duly  sworn  and  testified  as  follows : 

Var.  The  senior  member  was  called  as  a  witness  for  the  prosecution 
and,  having  been  duly  sworn  by  the  member  next  in  rank,  testified  as 
follows: 

Examined  by  the  recorder: 

1 .  Q.  what  is  your  name  and  rate  (rank)  ? 

A.  R E.  W ,  boatswain's  mate,  second  class,  U.  S.  Navy. 

2.  Q.  As  whom  do  you  recognize  the  accused? 

A.  I  recognize  him  as  J Z.  S ,  seaman,  U.  S.  Navy, 

serving  on  board  the  U.  S.  S.  Hancock,  at  the  navy-yard,  New  York. 

3.  Q.  *     *     * 

A      H«       T"       •!• 

Cross-examined  by  the  accused  (counsel) : 
7.  Q.  *    *    * 

A.  *     *     *      (See  steps  in  examination  of  witness,  pp.  25,  26,  and  notes.) 
The  court  did  not  desire  to  question  this  witness. 
The  witness  verified  his  testimony,  was  duly  warned,  and  withdrew. 

Var.  testimony  and  then  resumed  his  status  as  mem- 
ber (or,  senior  member,  or,  recorder). 

Testimony  of  witness  read.— The  recorded  testimony  of  a  witness  shall  be  read  to 
or  by  him  in  order  that  he  may  verify,  correct,  or  amend  it;  in  so  doing  the  procedure 
under  general  court-martial  shall  be  followed. 


PKOCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  159 

Warning  to  witness.— Before  a  witness  withdraws  from  the  court  room  the  senior 
member  shall  warn  him  not  to  converse  upon  matters  pertaining  to  the  trial  during  its 
continuance.  This  warning  shall  not  be  given  to  a  member,  to  the  recorder,  to  the 
accused  or  to  his  counsel,  if  any. 

A  witness  for  the  prosecution  entered  and  was  duly  sworn. 
Examined  by  the  recorder: 

1 .  Q.  What  is  your  nanie  and  rank  (rate)  ? 

A.  J A.  R ,  lieutenant,  U.  S.  Navy. 

2.  Q.  As  whom  do  you  recognize  the  accused? 
A.  As  J Z.  S ,  seaman,  U.  S.  Navy. 

3.  Q.  *     *     * 

A  5|C  5i<  JjC 

Neither  the  ^accused  nor  court  desired  to  question  this  witness. 
The  witness  verified  his  testimony,  was  duly  warned,  and  withdrew. 
The  prosecution  rested. 

If  prosecatlon  Introduces  no  evidence.— In  case  no  evidence  for  prosecution  is 
offered,  foregoing  sentence  shall  be  omitted. 

The  defense  began. 

Var.  The  accused  did  not  desire  to  offer  any  evidence  in  his 
defense  or  to  make  a  statement. 

A  witness  for  the  defense  entered  and  was  duly  sworn. 

Preliminary  questions.— The  witnesses  for  the  defense  will  first  be  questioned  by  the 
recorder  for  the  purpose  only  of  determining  the  identity  of  such  witnesses  and  to  estab- 
lish whether  or  not  they  recognize  the  accused. 

Examined  by  the  recorder: 

1.  Q.  What  is  your  name  and  rank? 

A.  M G.  R ,  lieutenant,  U.  S.  Navy. 

2.  Q.  As  whom  do  you  recognize  the  accused? 
A.  As  J Z.  S ,  seaman,  U.  S.  Nav}^ 

Examined  by  the  accused  (counsel) : 

3.  Q.  *     *     * 

j^    *     *      *      (See  order  of  examining  witness  for  defense,  p.  34.) 

Neither  the  recorder  nor  the  court  desired  to  question  this  witness. 
The  witness  verified  his  testimony,  was  duly  warned,  and  withdrew. 
The  accused,  at  Ms  own  request,  was  duly  sworn  and  testified  as 
follows : 

Accused  as  witness.— The  law  provides  that  the  accused  shall,  at  his  own  request, 
but  not  otherwise,  be  a  competent  witness,  and  shall  be  allowed  to  testify  in  his  own 
behalf;  and  his  failure  to  make  such  request  shall  not  create  any  presumption  against  him. 

Examined  by  the  recorder: 
1.  Q.  What  is  your  name  and  rate? 

A.  J Z.  S ,  seaman,  U.  S.  Navy,  stationed  on  the 

U.  S.  S.  Hancock. 


160  PROCEEDINGS   OF  A  SUMMARY  COURT-MARTIAL. 

Examined  by  the  accused  (counsel) : 

2.  Q.  State  the  facts  concerning  the  offense  with  which  you  are 
charged. 

A  5|C  5J»  5J> 

3.  Q.  *     *     * 

A        <*        *t*        *i* 

Status  of  accused  when  a  witness. — The  accused  as  a  witness  occupies  no  exceptional 
status;  he  is  subject  to  cross-examination,  and  his  testimony  is  subject  to  the  same  rules 
of  evidence  that  apply  to  other  testimony.    (See  Notes  on  Evidence,  ante.) 

Neither  the  recorder  nor  the  court  desired  to  question  this  witness. 
The  witness  verified  his  testimony,   and  resumed  his  status   as 
accused. 

The  defense  rested. 

No  defense.— In  case  no  defense  is  offered,  the  foregoing  sentence  shall  be  omitted. 
No  rebuttal  or  surrebuttal.— The  following  references  to  rebuttal  and  surrebuttal 
shall  be  omitted  if  there  is  no  evidence  thereunder. 

The  rebuttal  began. 

A  witness  for  the  prosecution  in  rebuttal  was  duly  sworn  and 
testified  as  follows: 

Examined  by  the  recorder: 

1 .  Q.  What  is  your  name  and  rate  ? 

A.  J R.  G ,  ordinary  seaman,  U.  S.  Navy. 

2.  Q.  As  whom  do  you  recognize  the  accused? 

A  5jC  SJJ  5jC 

Order  of  examination.— The  examination  follows  the  same  order  as  in  the  case  of  other 
witnesses  for  the  prosecution. 

The  rebuttal  ended. 
The  surrebuttal  began. 

A  witness  for  the  defense  in  surrebuttal,  duly  cautioned  as  to  his 
previous  oath,  testified  as  follows: 

Witness  recalled  warned  as  to  previous  oatli.— A  witness  who  has  been  before  the 
court  in  the  case  under  consideration  and  duly  sworn,  and  who  is  subsequently  recalled 
to  testify,  need  not  be  resworn.  He  should  be  warned  by  the  senior  member  that  the 
oath  previously  administered  is  still  binding,  and  a  note  thereof  made  in  the  record. 

Examined  by  the  accused  (counsel) : 

1.  Q.  What  is  your  name  and  rank? 

A.  M G.  R ,  lieutenant,  U.  S.  Nav>\ 

2.  Q.  *     *     *. 

A  SJC  ?{C  5JC 

The  surrebuttal  ended. 

The  accused  did  not  desire  to  make  a  statement. 

Var.  made  an  oral  statement  in  substance  as  follows  (here 

insert  statement) . 

Substance  of  oral  statement  entered.— Neitherwritten  defense  nor  argument,  nor  any 
protracted  oral  defense,  should  be  admitted,  but  the  substance  of  any  oral  statement 
may  be  entered  on  the  record. 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  161 

The  defense  rested. 

The  trial  was  finished. 

The  recorder  stated  that  he  had  no  evidence  of  previous  con- 
victions, and  that  the  pay  of  the  accused  is  $ a  month,  and  that 

on  January  — ,  19 — ,  there  was  due  him  $ {or,  he  was  in  debt  to 

the  United  States  $ ) . 

Var. that  he  had  evidence  of  previous  convictions, . 

The  court  was  cleared. 

The  recorder  was  recalled  and  directed  to  record  the  following  finding: 

^'The  specification  proved." 

Var.  1.  proved  by  plea. 

Var.  2.  not  proved,  and  the  court  acquits  him,  the  said 

.  J Z,   S ,  seaman,   United  States  Navy,  of  the  offense 

(offenses)  specified. 

Var.  3.  proved    in    part;     proved    except    the    words 

" ,"     which    words   are    not  proved,  and  for  the  excepted 

words  the  court  substitutes   the   words     " ,"     which  words 

are  proved. 

Finding  and  sentence  written  by  recorder.— The  finding  and  sentence  must  be  en- 
tered on  the  record  in  the  handwriting  of  the  recorder  and  must  be  without  erasure  or 
interhneation. 

Care  in  drawing  up  finding.— In  drawing  up  the  finding  under  variation  3,  care 
should  be  taken  to  state  exactly  what  words  are  not  proved  and  what  words  are  sub- 
stituted. 

The  court  was  opened  and  all  parties  to  the  trial  entered. 

There  being  no  objection,  the  recorder  read  from  the  current 
enlistment  record  of  the  accused  an  extract  showing  previous  con- 
viction, copy  appended,  marked  '' — ."     (See  pp.  31  and  41.) 

Approval  of  convictions.— The  approval  of  the  Department  is  unnecessary  on  sum- 
mary court  cases  tried  subsequent  to  February  16,  1909. 

Certified  copy  appended.— Extracts  from  the  enlistment  record  shall  not  be  written 
into  the  body  of  the  proceedings,  but  an  appended  certified  copy  shall  be  used.  (See 
p.  41.) 

Conduct  record  read.— By  direction  of  the  senior  member,  the  conduct  record  of  the 
accused  may  be  read  by  the  recorder  and  certified  copy  appended. 

The  court  was  cleared. 

The  recorder  was  recalled  and  directed  to  record  the  following  sen- 
tence in  the  case  of  J Z.  S ,  seaman,  United  States  Navy: 

Solitary  confinement  on  bread  and  water  for  eight  (8)  days,  with 
full  ration  every  third  (3d)  day,  and  to  lose  pay  amounting  to  thirty 
(30)  dollars. 

A R.  K 

Lieutenant,  JJ.  8.  Navy,  Senior  Member. 

J M.  D , 

Lieutenant,  U.  S.  Navy,  Member. 

G B.  W , 

First  Lieutenant,  U.  S.  Marine  Corps,  Member. 

J H:  R , 

Ensign,  U.  S.  Navy,  Recorder, 

8483—10 11 


162  PROCEEDINGS   OF  A  SUMMARY   COURT-MARTIAL. 

Authorized  punishments.— Article  30  of  the  Articles  for  the  Government  of  the  Navy, 
as  amended  by  the  acts  of  May  13,  1908,  and  February  16,  1909,  prescribes  the  punish- 
ments that  a  summary  court-martial  may  inflict,  and  is  as  follows: 

"  Summary  courts-martial  may  sentence  petty  officers  and  persons  of  inferior  ratings 
to  any  one  of  the  following  pvmishments,  namely: 

"(1)  Discharge  from  the  service  with  bad  conduct  discharge;  but  the  sentence  shall 
not  be  carried  into  effect  in  a  foreign  country. 

"(2)  Solitary  confinement,  not  exceeding  thirty  days,  on  bread  and  water  or  on 
diminished  rations. 

"(3)  Solitary  confinement  not  exceeding  thirty  days. 

"(4)  Confinement  not  exceeding  two  months. 

"(5)  Reduction  to  the  next  inferior  rating. 

"(6)  Deprivation  of  liberty  on  shore  on  foreign  station. 

"  (7)  Extra  police  duties  and  loss  of  pay,  not  to  exceed  three  months,  may  be  added  to 
any  one  of  the  above-mentioned  pimishments." 

Article  30  construed.— The  act  of  February  16,  1909,  provides  "that  the  courts 
authorized  to  impose  the  punishments  prescribed  by  article  thirty  of  the  Articles  for  the 
Government  of  the  Navy  may  adjudge  either  a  part  or  the  whole,  as  may  be  appropriate, 
or  any  one  of  the  punishments  therein  enumerated:  Provided,  That  the  use  of  irons, 
single  or  double,  is  hereby  abolished,  except  for  the  purpose  of  safe  custody  or  when  part 
of  a  sentence  imposed  by  a  general  court-martial."  The  effect  of  the  foregoing  is  con- 
strued to  permit  the  imposition  under  the  amended  second  clause,  above,  of  a  sentence 
of  confinement,  not  exceeding  thirty  days,  on  bread  and  water;  and  also  to  permit  sen- 
tences involving  extra  police  duties  alone,  or  loss  of  pay  alone. 

Bread  and  water.— Summary  courts  shall  exercise  care  and  discretion  in  resorting  to 
the  punishment  of  confinement  on  bread  and  water,  and  shall  not  adjudge  it  in  any  case 
for  a  longer  period,  consecutively,  than  five  days.  As  a  shorter  interval  is  less  likely  to 
work  injury  to  health,  the  maximum  interval  allowed  should  be  adjudged  only  in  cases 
of  maximum  offenses. 

Disrating.— In  disrating  the  court  should  be  careful  to  observe  that  the  next  inferior 
rating  is  that  set  forth  in  the  table  entitled  "Classification  for  disrating"  as  found  in  the 
Navy  Regulations,  unless  the  man's  current  enlistment  record  shows  that  he  was  pro- 
moted to  his  present  rate  from  some  inferior  rating  other  than  the  one  indicated  by  the 
table,  in  which  case  his  reduction  shall  be  to  the  inferior  rating  from  which  he  was  last 
advanced,  and  it  shall  be  so  stated  in  the  record. 

Incompetency.— In  the  case  of  a  person  found  guilty  of  incompetency,  the  sentence 
of  disrating  is  mandatory  and  the  only  authorized  punishment  therefor. 

Deprivation  of  liberty. — A  sentence  of  "  deprivation  of  liberty"  is  illegal  unless  the 
words  "on  shore  on  foreign  station"  are  added,  and  the  court  in  adjudging  such  sentence 
shall  not  exceed  the  limit  of  three  months. 

Loss  of  pay.— As  stated  above,  loss  of  pay  alone  may  be  adjudged  as  a  sentence;  and 
in  all  cases  where  loss  of  pay  is  involved  the  amount  of  money  and  not  the  length  of  time 
shall  be  stated,  having  due  regard  to  the  fact  that  not  more  than  three  months'  loss  of 
pay  may  be  imposed. 

Extra  police  duties.— Except  where  the  offender  is  serving  on  a  receiving  ship  or  at 
a  shore  station,  sentences  involving  extra  police  duties  are  undesirable. 

Phraseology  employed.— Where  the  legal  term  of  confinement  is  limited  to  "thirty 
days,"  the  exact  phraseology  should  be  employed  in  adjudging  a  sentence  involving 
confinement  for  such  maximum  period.  A  sentence  of "  solitary  confinement  not  exceed- 
ing one  month,"  for  example,  would  be  irregular  and  improper,  as  the  article  above 
quoted  prescribes  thirty  days  as  the  maximum,  while  one  month  might  be  in  excess  of 
the  limit  so  fixed. 

In  consideration  of  his  previous -good  record  we  recommend  the 
accused  in  this  case  to  the  clemency  of  the  revising  authority. 

Var.  1.  his  youth  and  inexperience . 

YjI^r^  2.  the  attending  circumstances  of  provocation  {or,  as 

the  case  may  be) . 

J M.  D , 

Lieutenant,  TJ.  S.  Navy,  Member. 

G B.  W , 

First  Lieutenant,  TJ.  S.  Marine  Corps,  Member. 


PROCEEDINGS  OF  A  SUMMARY  COURT-MARTIAL.  163 

The  court  then  adjourned  to  await  orders  from  the  convening 
authority. 

Var.  1.  took  up  the  next  case. 

Var.  2,  adjourned  to  meet . 


R.  K- 


Lieutenant,  U.  S.  Navy,  Senior  Member. 

J H.  R , 

Ensign,  U  S.  Navy,  Recorder. 

U.  S.  S.  Hancock, 
Navy- Yard,  New  York, 

January  ^,  19 — . 

From  an  examination  of  J Z.  S ,  seaman,  U.  S.  Navy, 

and  of  the  place  where  he  is  to  be  confined,  I  am  of  opinion  that  the 
execution  of  the  above  sentence  would  (not)  produce  serious  injury 
to  his  health. 

B N.  J , 

Surgeon,  U.  S.  Navy, 
Senior  Medical  Officer  on  Board. 

m 

Certificate  of  medical  officer.— Whenever  any  person  is  sentenced  for  a  period  exceed- 
ing ten  days  to  confinement  on  diminislied  rations,  or  on  bread  and  water,  there  must 
appear  on  the  record  of  the  proceedings  the  certificate  of  the  senior  medical  officer  under 
the  immediate  jurisdiction  of  the  convening  authority,  to  the  effect  that  such  sentence 
will  not  be  seriously  injurious  to  the  health  of  the  prisoner. 

Duty  of  convening  autliority.— It  is  the  duty  of  the  convening  authority  either  to 
remit  any  part  or  the  whole  of  any  sentence,  the  execution  of  which  would,  in  the  opinion 
of  the  surgeon  or  senior  medical  officer  on  board,  given  in  writing,  produce  serious  Injury 
to  the  health  of  the  person  sentenced;  or  to  submit  the  case  again,  without  delay,  to  the 
same  or  to  another  summary  court-martial,  which  shall  have  the  power,  upon  the  testi- 
mony already  taken,  to  remit  the  former  punishment  and  to  assign  some  other  of  the 
authorized  punishments  in  the  place  thereof. 

U.  S.  S.  Hancock, 
Navy- Yard,  New  York, 

January  — ,  19 — . 

The  proceedings  and  sentence  in  the  foregoing  case  of  J Z. 

S ,  seaman,  U.  S.  Navy,  are  approved. 

D B.  W , 

Captain,  U.  S.  Navy, 
Commanding  U.  S.  S.  Hancock. 

Power  of  revising  autliority.— The  convening  or  other  revising  authority  has  full 
power  to  remit  or  mitigate,  but  not  to  commute,  any  sentence  or  part  thereof. 

Sentences  involving  bad  conduct  discharge  and  loss  of  pay. — Such  sentences 
should  be  so  mitigated  if  necessary,  as  to  leave  the  man  sufficient  money  for  his  imme- 
diate needs  after  his  separation  from  the  service. 

Var.  1.  The  proceedings  and  sentence  in  the  foregoing  case  of 

J Z.  S ,  seaman,  U.  S.   Navy,  are  approved,  but  the 

period  of  confinement  is  reduced  to days. 

(a)  but  in  view  of  the  recommendation  to  clemency  the 

loss  of  pay  is  reduced  to dollars.  "" 


164  PROCEEDINGS  OF  A  SUMMARY   COURT-MARTIAL. 

(b)  but  in  view  of  the  opinion  of  the  medical  officer,  above 

recorded,  the  confinement  is  remitted  and  the  accused  will  be 
released  from  confinement  and  restored  to  duty. 

(c)  but  the  loss  of  pay  is  remitted. 

Var.  2.  The  proceedings   in  the  foregoing  case  of  J —  Z. 

S ,  seaman,  U.  S.  Navy,  are  approved.  The  sentence  is  disap- 
proved because .  The  accused  will  be  released  from  confine- 
ment and  restored  to  duty. 

Var.  3.  The  proceedings   in  the   foregofng  case   of  J Z. 

S ,  seaman,   U.   S.   Navy,  are  disapproved  because  . 

The  sentence  is  disapproved.  The  accused  will  be  released  from 
confinement  and  restored  to  duty. 

Var.  4.  The  proceedings  and  acquittal  in  the  foregoing  case  of 

J Z.  S ,  seaman,  U.  S.  Navy,  are  approved.     He  will  be 

released  from  confinement  and  restored  to  duty. 

Var.  5.  The   proceedings  in   the   foregoing  case   of  J Z. 

S ,  seaman,    U.  S.    Navy,   are  approved.     The  acquittal  is 

disapproved.  He  will  be  released  from  confinement  and  restored  to 
duty. 

Var.  6.  The  court  will  reconvene,  as  soon  as  practicable,  in  the 

case  of  J Z.  S ,  seaman,  U.  S.  Navy,  for  the  purpose  of 

revising  its  sentence  which  is  not,  in  my  opinion,  adequate  to  the 
offense  found  proved.     (See  notes  under  "  Order  for  Revision,"  post.) 

(a)  as  the  sentence  adjudged  is  not  one  which  the  court  is 

authorized  to  impose. 

(b)  as  the  sentence  will,   in  the  opinion  of  the  senior 

medical  officer  on  board,  be  seriously  injurious  to  the  health  of  the 
accused. 

(c)  for  the  purpose  of  revising  its  finding,  which  is  not  in 

accord  with  the  evidence  adduced. 

(d)  for  amendment  in  the  following  particulars . 

(e)  as  there  is  no  evidence  to  support  the  finding  that  the 

absence  of  the  accused  was  "without  leave." 

(f)  as  there  is  no  evidence  to  support  the  finding  that  the 

possession  by  the  accused  of  intoxicating  liquor  on  board  ship  was 
''unlawful." 

Synopsis  of  conduct  spread  upon  record.— In  every  case  where  a  sentence  involving 
bad  conduct  discharge  has  been  imposed  it  shall  be  the  duty  of  the  officer  ordering  the 
court,  before  acting  upon  the  proceedings,  to  spread  upon  the  record  a  brief  synopsis  of 
the  service  of  the  person  tried  and  of  the  offenses  committed  by  him  during  his  current 
enlistment. 

U.  S.  S.  Hancock, 
Navy- Yard,  New  York, 

January  — ,  19 — . 

The  enlistment  record  of  J Z.  S ,  seaman,  U.  S.  Navy, 

shows  that  he  has  served  in  the  navy  years  and months. 

During  his  current  enhstment,  beginning  March  15,  1908,  he  has  com- 
mitted the  following  offenses:  March  31,  1908,  forty-eight  hours  over 
liberty;  June  7,  1908,  clothes  in  lucky  bag;  June  18,  1908,  absent 
from  quarters;  July  10,  1908,  shirking;  *  *  *  January  20,  1909, 
absent  without  leave  eight  days. 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  165 

Var.    he  has  committed  no  offense  prior  to  the  one  for 

which  he  has  been  tried  in  this  case  (or,  as  may  be). 

The  proceedings  and,  in  view  of  the  above,  the  sentence  in  the 
foregoing  case  are  approved. 

Var.  1.  The  proceedings  are  approved  but,  in  view  of  the  above, 
the  sentence  in  the  foregoing  case  is  disapproved.  The  accused  will 
be  released  from  confinement  and  restored  to  duty. 

Var.  2.  The  proceedings  and  sentence  in  the  foregoing  case  are 

approved  but,  in  view  of ,  so  much  of  the  sentence  as  involves 

bad  conduct  discharge  is  remitted. 

(a)  : —  as  involves  bad  (onduct  discharge  is  disapproved. 

(b)  as  involves  loss  of  pay  is  remitted. 

D-^ B.  W , 

Captain,  U.  S.  Navy, 
Commanding  U.  S.  S.  Hancock. 

Sentences  executed  on  approval  of  senior  officer  present.—The  act  of  February  16, 
1909,  provides  that  all  sentences  of  summary  courts-martial  may  be  carried  into  effect 
upon  the  approval  of  the  senior  officer  present.    This  provision  includes  loss  of  pay. 

Execution  of  sentence  involvinar  bad  conduct  dIscliarge.—Upon  approval  of  the 
senior  officer  present,  sentences  of  bad  conduct  discharge  in  the  cases  of  enlisted  men  of 
the  navy  serving  in  their  first  enlistment  may  be  carried  into  effect,  but  only  within  the 
continental  limits  of  the  United  States.  Men  in  the  insular  force,  so  sentenced,  may  be 
discharged  in  the  Philippine  Islands,  Samoa,  or  Guam,  depending  upon  the  place  of 
enlistment,  after  similar  approval. 

Restriction  as  to  discharg^e.^Enlisted  men  of  the  navy  serving  in  a  second  or  sue 
ceeding  enlistment,  and  enlisted  men  of  the  Marine  Corps,  shall  not  be  discharged  pur- 
suant to  a  sentence  of  bad  conduct  discharge  until  an  order  therefor  is  received  from 
the  Bureau  of  Navigation  or  the  Commandant  of  the  Marine  Corps,  respectively. 

Action  of  tlie  revising  authority. 

Navy- Yard,  New  York, 

January  — ,  19 — . 

The  proceedings  and  sentence  in  the  foregoing  case  of  J Z. 

S ,  seaman,  U.  S.  Navy,  are  approved. 

Power  of  mitigation  vested  in  whom,— All  powers  of  mitigation  vested  in  the  con- 
vening authority  may  be  exercised  by  the  commander  in  chief  or,  in  his  absence,  by 
the  senior  officer  present. 

Commandant  as  senior  officer  present. — The  commandant  acts  as  senior  officer 
present  upon  summary  courts  convened  by  himself,  and  upon  those  convened  by  officers 
directly  under  his  command,  including  those  convened  by  the  commanding  officers 
of  vessels  permanently  attached  to  the  yard  and  of  vessels  there  stationed  in  the  second 
reserve. 

Senior  officer  present  of  vesseis  at  navy-yard.— When  the  convening  authority  is 
the  commanding  officer  of  a  cruising  vessel  in  commission  temporarily  at  a  navy-yard, 
the  commander  in  chief  or,  in  his  absence,  the  senior  officer  of  the  cruising  vessels  there 
present,  and  not  the  commandant  of  the  yard,  is  the  authority  whose  approval  of  the 
proceedings  and  sentence  is  necessary  before  the  latter  may  be  carried  into  execution. 
,  Action  in  case  of  acquittal — In  cases  where  the  accused  has  been  acquitted  by  the 

court,  or  where  the  sentence  has  been  disapproved  by  the  convening  authority,  the 
record  of  proceedings  shall  be  submitted  to  the  senior  officer  present  in  the  same  manner 
as  though  a  sentence  requiring  action  still  remained. 

Var.  1.  The  proceedings,  and  sentence  as  mitigated,  in  the 
foregoing  case  of ,  are  approved. 

Var.  2.  The  proceedings  in  the  foregoing  case  of are 

approved.     The  sentence  is  disapproved  (for  the  reason  that ). 

(a)  The  sentence  is  approved,  but  the  loss  of  pay  is  remitted. 


166  PEOCEEDINGS   OF  A  SUMMARY   COUET-MARTIAL. 

(b)  The  sentence  is  approved,  but  the  period  of  confinement  is 

reduced  to days. 

(For  other  variations,  see  action  of  convening  authority.) 

G F.  C , 

Rear- Admiral,    U.  S.Navy,    Commandant. 
(Or) 

E X.  T , 

Rear-Admiral,  U.  S.  Navy, 
Commander  in  Chief,  U.  S.  Atlantic  Fleet. 
(Or) 

L P.  M , 

Rear-Admiral,  U.  S.  Navy, 
Commander  Third  Squadron,  U.  S.  Atlantic  Fleet, 

Senior  Officer  Present. 
(Or) 

P S.  R , 

Captain,  U.  S.  Navy, 
Commanding  U.  S.  S.  Maryland, 

Senior  Officer  Present. 

(Or,  for  captain  of  yard  in  absence  of  commandant.) 

D M.  C , 


Published. 


Captain,  U.  S.  Navy,  Commanding, 

Senior  Officer  Present. 


Loss  of  pay,  $9.  40,  checked. 


D C.  B , 

Lieutenant,  U.  S.  Navy, 

Executive  Officer. 

N W.  D , 


Paymaster,  U.  S.  Navy. 


Order  to  the  pay  officer.— Records  of  summary  courts-martial  and  deck  courts  shall 
show,  over  the  signature  of  the  pay  officer  having  the  pay  accounts  of  the  accused,  that 
the  loss  of  pay,  if  there  be  any  adjudged  and  approved,  has  been  checked.  In  order  to 
enable  the  pay  officer  to  make  the  necessary  certificate,  the  commanding  officer  shall 
forward  with  the  record  the  requisite  order  for  the  checkage;  such  order  shall  be  in  du- 
plicate, one  copy  of  which  shall  be  sent  immediately  to  the  Auditor  for  the  Navy  Depart- 
ment. The  order  shall  contain  the  following  information:  Name,  rate,  date  of  trial, 
offense  (condensed  as  much  as  possible),  and  sentence  as  finally  approved.  If  the  offense 
is  absence  over  leave  or  absence  without  leave,  the  dates  of  the  beginning  and  ending  of 
the  unauthorized  absence  shall  be  stated. 


Specimen  specifications  for  summary  courts- martial. 

1.  Absence  without  leave. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  on  or  about  the  twentieth  day  of  April,  nineteen  hundred  and  nine, 


without  proper  authority,  absent  himself  from  his  station  and  duty  on  board  said 
ship,  and  did  remain  so  absent  until  the  twenty-sixth  day  of  April,  in  the  year 
aforesaid. 

No  charge  to  be  used.— The  headings  preceding  these  specifications  are  intended 
only  as  a  guide  and  are  in  no  case  to  precede  an  actual  specification. 


PROCEEDINGS  OF  A  SUMMARY  COURT-MARTIAL.  167 

2.  Absence  without  leave;  attempted. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at , , 

did,  at  or  about  eleven  hours  postmeridian  on  the  eighteenth  day  of  May, 
nineteen  hundred  and  nine,  endeavor  to  leave  said  ship  without  authority  by 
attempting  to  jump  overboard  therefrom. 

3.  Absence  without  leave;  to  avoid  guard  or  draft. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  did,  on  or  about  the  second  day  of  July,  nineteen  hundred  and 

nine,  leave  his  station  and  duty  without  proper  authority  and  with  the  intention 

of  avoiding  transfer  to  the  United  States  ship ,  to  which  vessel  he  had  been 

detailed  for  service,  and  did  remain  so  absent  until  the  seventh  day  of  the  month 
and  year  aforesaid,  when  he  returned  on  board  the  said  ship . 

4.  Absence  without  leave;  missing  ship. 

Spedfication. — In  that ,  a  seaman  in  the  United  States  Navy,  attached  to 

and  serving  on  board  the  United  States  ship ,  in  Cape  Cod  Bay,  Massa- 
chusetts, having  been  granted  leave  of  absence  from  the  said  ship  which  expired 
at  seven  hours  antemeridian  on  the  sixth  day  of  July,  nineteen  hundred  and  nine, 
the  said  ship  then  being  at  Boston,  Massachusetts,  did  fail  to  return  to  the  said 
ship  at  the  expiration  of  the  said  leave  of  absence;  and  furthermore,  that  he,  the 

said ,  seaman.  United  States  Navy,  did  miss  his  ship  at  the  said  port 

and  did  remain  absent  from  his  ship,  station,  and  duty  without  permission  from 
proper  authority  until  at  or  about  seven  hours  postmeridian,  on  the  tenth  day  of 
the  month  and  year  aforesaid,  when  he  was  returned  on  board  the  said  ship,  then 
at  Provincetown,  Massachusetts,  from  the  United  States  ship . 

5.  Absence  without  leave;  over  twenty-four  hours. 

Specification. — In  that ,  a  quartermaster,  second  class,  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at 

the  navy-yard,  ,  ,  was,  on  or  about  the  nineteenth  day  of  June, 

nineteen  hundred  and  nine,  absent  from  his  station  and  duty  on  board  said  ship 
after  his  leave  had  expired,  and  did  remain  absent  therefrom,  without  permission 
from  proper  authority,  for  a  period  of  about  twenty-four  hours. 

6.  Absence  without  leave;  returning  in  civilian  clothes. 

Specification. — In  that ,  an  apprentice  seaman  in  the  United  States 

Navy,  attached  to  the  United  States  ship ,  and  serving  at  the  naval  training 

station, , ,  did,  at  about  one  hour  postmeridian  on  the  seventh  day 

of  August,  nineteen  hundred  and  nine,  absent  himself  from  his  station  and  duty, 
having  left  said  station  without  proper  authority,  and  did  remain  so  absent  until 
about  eleven  hours  antemeridian,  on  the  eleventh  day  of  the  month  and  year 
aforesaid,  when  he  reported  on  board  in  civilian  clothing. 

7.  Absence  without  leave;  surrendering  at  another  station. 

Specification. — In  that ,  a  coal  passer  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  having  been  granted  liberty  by  proper  authority,  while  attached  to  and 

serving  on  board  the  United  States  ship ,  at  Callao,  Peru,  until  the  third  day 

of  January,  nineteen  hundred  and  nine,  did  fail  to  return  on  the  said  date 


168  PROCEEDINGS   OF  A  SUMMARY   COURT-MARTIAL. 

and  did  remain  absent  from  his  station  and  duty  without  proper  authority  until 
the  third  day  of  June,  of  the  year  aforesaid,  when  he  surrendered  in  civilian 
clothing  on  board  the  United  States  ship at  Corinto,  Nicaragua. 

8.  Absence  without  leave;  using  wrong  name  returning. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  did,  on  or  about  the  seventeenth  day  of  June,  nineteen  hundred 

and  nine,  absent  himself  from  his  station  and  duty  without  proper  authority, 
and  did  remain  so  absent  until  at  or  about  one  hour  and  twenty  minutes  ante- 
meridian, on  the  eighteenth  day  of  the  month  and  year  aforesaid,  when  he  returned 

on  board  and  attempted  to  check  in  from  liberty  under  the  name  of ' 

ordinary  seaman,  United  States  Navy,  also  attached  to  the  aforesaid  vessel. 

9.  Absence  without  leave;  using  wrong  name  going. 

Specification. — In  that ,  a  fireman  second  class.  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  did,  at  or  about 

five  hours  postmeridian  on  or  about  the  twenty-sixth  day  of  May,  nineteen  hun- 
dred and  nine,  at  the  navy-yard,  ,  ,  absent  himself  from  said  ship 

without  proper  authority  by  giving  the  name  of  one ,  and  did  remain 

so  absent  from  his  station  and  duty  until  some  time  before  nine  hours  antemeridian 
on  the  twenty-sixth  day  of  the  month  aforesaid. 

10.  Disobedience,  deliberate. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship  ,  at  anchor  off 

Tompkinsville,  Staten  Island,  New  York,  having  on  the  sixteenth  day  of  June, 

nineteen  hundred  and  nine,  been  ordered  by ,  chief  master  at  arms, 

United  States  Navy,  attached  to  said  ship,  to  go  on  the  berth  deck  of  said  ship 
and  perform  extra  duty  in  accordance  with  the  sentence  of  a  summary  court- 
martial,  did  refuse  to  obey  and  did  wilfully  disobey  the  said  lawful  order  of  said 

Chief  Master  at  Arms ,  who  was  then  and  there  in  the  execution  of  his 

office. 

11.  Disorderly  conduct. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  United  States  Marine  Barracks,  Naval  Academy, 
Annapolis,  Md.,  was,  on  the  fourth  day  of  June,  nineteen  hundred  and  nine, 
drunk  and  disorderly  in  the  town  of  Annapolis,  Md.,  and  did  use  abusive  and 
obscene  language  toward ,  at  the  aforesaid  time  and  place. 

12.  Disrespect  to  petty  officer. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  then  in  dry  dock 

at  Shanghai,  China,  did,  on  or  about  October  eighteenth,  nineteen  hundred  and 

eight,  use  abusive  language  toward ,  master  at  arms  first  class.  United 

States  Navy,  attached  to  said  ship,  who  was  then  and  there  in  the  execution  of 
his  office. 

13.  Drugs  in  possession. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship  at  the  naval 

training  station,  San  Francisco,  California,  was,  at  or  about  two  hours  and  thirty 


PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL.  169 

minutes  postmeridian  on  the  seventh  day  of  July,  nineteen  hundred  and  nine, 

under  the  influence  of  cocaine,  and,  furthermore,  that  he ,  ordinary 

seaman,  United  States  Navy,  did,  at  or  about  the  aforesaid  time,  unlawfully 
have  cocaine  in  his  possession. 

14.  Drunk,  from  liberty. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard,  ,  ,  was, 

on  the  fifteenth  day  of  April,  nineteen  hundred  and  nine,  on  his  retiun  to  said 
barracks  from  liberty,  drunk  and  unfit  for  duty. 

15.  Drunk,  off  duty. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  was,  at  said  navy-yard,  on  the  thirteenth  day  of  August,  nineteen 

hundred  and  eight,  under  the  influence  of  intoxicating  liquor,  and  thereby  unfit 
for  duty. 

16.  Drunk,  on  guard. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  "to  and  serving  at  the  marine  barracks,  navy-yard, , ,  was, 

on  the  morning  of  the  twenty-second  day  of  November,  nineteen  hundred  and 
eight,  while  acting  as  corporal  of  the  guard  at  said  yard,  drunk  on  guard. 

17.  Drunk,  on  post. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having, 

on  the  eighteenth  day  of  July,  nineteen  hundred  and  eight,  been  regularly  posted 
as  a  sentinel  at  the  lyceum  at  said  navy-yard,  was  drunk  while  on  said  post. 

18.  Failure  to  obey. 

Specification. — In  that ,  a  water  tender  in  the  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  then  lying  at 

anchor  in  Magdalena  Bay,  Mexico,  having  received  an  order  from  Machinist 

,  United  States  Navy,  at  or  about  five  hours  postmeridian  on  the  nineteenth 


day  of  March,  nineteen  hundred  and  nine,  to  have  certain  bunkers  of  said  ship 
swept  out  during  the  watches  of  that  night,  did  fail  to  obey  said  order  which  had 
not  been  executed  at  five  hours  and  forty-five  minutes  antemeridian  on  the  twen- 
tieth day  of  March  in  the  year  aforesaid. 

19.  Falsehood. 

Specification. — In  that ,  a  master  at  arms,  third  class,  in  the  United 

States  Navy,  attached  to  and  serving  on  board  the  United  States  ship ,  at 

the  navy-yard,  Boston,  Massachusetts,  did,  at  or  about  two  hours  and  twenty 
minutes  antemeridian  on  the  first  day  of  June,  nineteen  hundred  and  nine,  enter 
the  warrant  ofiicer's  pantry  of  the  said  ship  without  proper  authority;  and, 

furthermore,  that  he,  the  said ,  master  at  arms,  third  class.  United  States 

Navy,  did,  after  having  been  questioned  by  the  executive  ofiicer  of  said  ship, 

Lieutenant-Commander ,  United  States  Navy,  as  to  who  had  accompanied 

him  on  the  occasion  specified,  state  that  he  was  not  accompanied  by  any  person, 
which  statement  was  knowingly  false  and  intended  to  deceive. 


170  PKOCEEDIKGS  OF  A  SUMMARY  COURT-MARTIAL. 

20.  Incompetency. 

Specification. — In  that ,  a  coxswain  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship at  Callao,  Peru,  and  detailed 

in  charge  of  the  steam  launch  of  said  ship,  did,  at  or  about  nine  hours  antemeridian 
of  the  fifth  day  of  April,  nineteen  hundred  and  nine,  while  endeavoring  to  bring 
said  launch  alongside  the  starboard  gangway  of  said  ship,  fail  to  handle  said 
launch  in  a  competent  manner,  and  did  thereby  ram  said  gangway  and  destroy 
the  lower  grating  thereof: 

And  furthermore,  that  the  said did,  at  or  about  two  hours  postmeridian  of  the 

seventh  day  of  April  in  said  year  and  at  the  said  place,  while  endeavoring  to  take 
said  launch  to  the  starboard  quarter-boom  of  said  ship,  fail  to  handle  said  launch 
in  a  competent  manner,  and  did  thereby  injure  said  boom  and  the  canopy  of  said 
launch:  (Other  specific  acts  of  incompetency  may  be  further  alleged.) 

And  the  said was,  as  above  specified,  incompetent  in  the  performance  of  the 

duties  of  his  rating. 

21.  Leaving  post  before  regularly  relieved. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having 

at  or  about  eleven  o'clock  postmeridian  on  the  fourth  day  of  June,  nineteen  hun- 
dred and  nine,  been  regularly  posted  as  a  sentinel  on  post  number  four  at  said 
navy-yard,  did,  at  or  about  one  o'clock  antemeridian  on  the  fifth  day  of  said 
month,  leave  said  post  before  being  regularly  relieved. 

22,  Liquor  in  possession. 

Specification. — In  that ,  a  seaman  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 

,  did,  at  about  one  hour  and  fifteen  minutes  postmeridian,  on  the  second 

day  of  February,  nineteen  hundred  and  nine  upon  returning  to  said  ship  from 
liberty,  unlawfully  have  in  his  possession  a  flask  of  intoxicating  liquor. 

23.  Liquor,  smuggling. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  the  thirtieth  day  of  August,  nineteen  hundred  and  eight,  smuggle  into  said 
navy-yard  two  bottles  of  intoxicating  liquor. 

24.  Neglect  op  duty. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having 

at  or  about  five  hours  ahtemeridian  on  the  seventeenth  day  of  January,  nineteen 
hundred  and  nine,  been  regularly  posted  as  a  sentinel  over  prisoners  confined  in 
the  cell  passage  at  said  barracks,  the  three  doors  leading  to  the  passage  being 
locked  and  the  keys  thereof  in  the  possession  of  the  corporal  of  the  guard,  did  never- 
theless, at  about  five  hours  and  forty-five  minutes  antemeridian  on  the  day  afore- 
said, suffer  a  prisoner  confined  in  said  passage, ,  private.  United  States 

Marine  Corps,  to  escape  by  way  of  the  door  leading  from  said  passage  to  the  arcade 

of  the  said  barracks;  and  the  said did  thereby  neglect  his  duty  as  sentinel 

on  said  post. 


PEOCEEDINGS   OF  A  SUMMARY  COURT-MARTIAL.  171 

25.  Resisting  arrest. 

S specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, 

, ,  did,  at  about  four  hours  and  thirty  minutes  postmeridian  on  the 

twenty-fourth  day  of  August,  nineteen  hundred  and  eight,  while  being  placed  in 

confinement  by ,  master  at  arms,  first  class.  United  States  Navy, 

forcibly  resist  arrest. 

26.  Sitting  down  on  post. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having 

been  regularly  posted  as  a  sentinel  on  post  fourteen  at  said  yard,  did,  at  or  about 
seven  hours  antemeridian  of  the  eleventh  day  of  June,  nineteen  hundred  and 
nine,  sit  down  while  on  said  post. 

27.  Sleeping  on  post. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having, 

on  the  seventh  day  of  August,  nineteen  hundred  and  eight,  been  regularly  posted 
as  a  sentinel  on  post  number  five  at  said  yard,  did  sleep  while  on  said  post. 

28.  Sleeping  on  watch: 

Specification. — In  that ,  a  quartermaster,  first  class,  United  States  Navy, 

attached  to  and  serving  on  board  the  United  States  ship ,  then  at  anchor  off 

Shanghai,  China,  did,  while  on  watch  on  board  said  ship,  from  midnight  of  June 
eleventh.,  to  four  hours  antemeridian  of  June  twelfth,  nineteen  hundred  and  nine, 
sleep  while  on  said  watch. 

29.  Theft. 

Specification. — Tn  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

on  the  fifteenth  day  of  August,  nineteen  hundred  and  eight,  feloniously  take,  steal, 

and  carry  away  from  the  locker  of ,  private,  United  States  Marine 

Corps,  money  to  the  amount  of  one  dollar  and  eighty-nine  cents,  the  property  of 

the  said ,  attached  to  said  barracks,  and  did  then  and  there  appropriate  the 

same  to  his  own  use. 

30.  Unlawfully  having  in  possession  property  of  another. 

Specification. — In  that ,  an  ordinary  seaman  in  the  United  States  Navy, 

attached  and  serving  on  board  the  United  States  ship ,  at  Boston,  Massa- 
chusetts, did,  on  the  sixth  day  of  May,  nineteen  hundred  and  nine,  unlawfully 
have  in  his  possession,  one  overshirt  of  about  two  dollars  and  sixty  cents  in  value, 

the  property  of ,  ordinary  seaman.  United  States  Navy,  and  one  pair  of 

white  trousers  of  about  one  dollar  and  fifteen  cents  in  value,  the  property  of 

,  ordinary  seaman,  United  States  Navy. 

'31.  Using  obscene  and  threatening  language  to  another  person. 

Specification. — In  that ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  did, 

at  about  nine  hours  and  thirty  minutes  postmeridian  on  the  twenty-first  day  of 
December,  nineteen  hundred  and  nine,  use  obscene  and  threatening  language 

toward  Sergeant ,  United  States  Marine  Corps,  the  sergeant  of  the 

guard  at  said  barracks. 


172  PEOCEEDINGS   OF  A  SUMMAKY  COURT-MARTIAL. 

32.  Using  threatening,  abusive,  and  obscene  language. 

Specification. — In  that ,  a  coal  passer  in  the  United  States  Navy,  attached 

to  and  serving  on  board  the  United  States  ship ,  at  the  navy-yard, , 


,  having  on  or  about  the  twenty-second  day  of  November,  nineteen  hundred 

and  eight,  been  ordered  by ,  chief  boatswain's  mate.  United  States 

Navy,  attached  to  said  ship,  to  remove  certain  clothes  belonging  to  him,  the  said 

,  from  a  towel  line  on  board  said  ship,  did  use  obscene  and  threatening 

language  toward  the  said ,  who  was  then  and  there  in  the  execution 

of  his  office. 

33.  Wilful  destruction  op  public  property. 

Specification. — In  that — ,  a  private  in  the  United  States  Marine  Corps, 

attached  to  and  serving  at  the  marine  barracks,  navy-yard, , ,  having 

on  or  about  the  twenty-fifth  day  of  September,  nineteen  hundred  and  eight,  been 
placed  in  confinement  in  the  prison  at  said  barracks,  did  wilfully  break  the  glass 
in  the  window  of  the  cell  in  which  he  was  confined. 


RECORD  OF  PROCEEDINGS  IN  REVISION 

OF   A 

Summary  Court-Martial 

IN   THE    CASE    OP 

J Z.  S ,  seaman,  U.  S.  Navy. 


U.  S.  S.  Hancock^ 

Navy- Yard,  New  York, 

February  — ,  19 — . 


Record  in  revision. — The  proceedings  in  revision  must  form  a  separate  and  complete 
record  which  should  he  prefixed  to  the  record  of  which  it  is  a  revision. 

173 


Order  for  revision. 

U.  S.  S.  Hancock, 
Navy- Yard,  New  York, 

February  — ,  19 — . 

Sir:  The  summary  court-martial  before  which  J Z.  S ,  seaman,  U.  S. 

Navy,  was  tried  will  reconvene  as  soon  as  practicable  and  will  reconsider  its  sentence 
in  his  case  as  it  is  not,  in  my  opinion,  adequate  to  the  offense  found  proved. 

Var.  1.  as  it  is  not  one  which  the  court  is  authorized  to 

adjudge. 

Var.  2.  as  its  execution  will,  in  the  opinion  of  the  medical 

officer,  produce  serious  injury  to  his  health. 

Var.  3.  reconsider  its  finding  and  sentence,  as  the  finding 

is  not  in  accord  with  the  evidence  adduced. 
Var.  4.  reconsider  its  record  in  the  following  particulars: 


Var.  5.  reconsider  its  record  in  his  case  and  make  such 

corrections  as  are  warranted  by  the  facts  in  the  following  particu- 
lars: On  page  14,  it  does  not  appear  that  the  witness, , 

was  duly  sworn;  on  page  20,  it  does  not  appear  that  the  accused 
entered  when  the  court  was  opened. 

(See  further  variations  under  action  of  convening  authority.) 

D B.  W 


Captain,  U.  S.  Navy,  Commanding  U.  S.  S.  Hancock. 

Lieut.  A- R.  K ,  U.  S.  Navy, 

Senior  Member. 

Revising  authority  to  scrutinize  record. — Upon  receipt  of  the  record  of  a  court- 
martial  the  reviewing  officer  shall  proceed  at  once  to  scrutinize  the  same,  in  order  to 
return  it  for  revision,  if  such  course  be  necessary,  before  the  dissolution  of  the  court. 

No  new  testimony  admitted.— When  a  court  is  ordered  to  revise  its  proceedings  no 
new  testimony  shall  be  brought  forward  in  any  shape. 

Revision  confined  to  matters  of  record.— The  revision  shall  be  strictly  confined  to 
a  reconsideration  of  the  matter  already  recorded  in  the  proceedings,  no  part  of  which 
is  to  be  amended,  altered,  or  annulled  in  any  way. 

Separate  record.— During  the  revision  an  entirely  separate  record  shall  be  kept,  to 
which  the  order  for  reassembling  must  be  prefixed. 

How  record  returned. — The  record  may  be  returned  for  revision  by  means  of  indorse- 
ment.   (See  action  of  the  convening  authority.) 

Record  of  revision.— A  full  entry  shall  be  made  of  all  the  proceedings,  verified  by  the 
signatures  of  the  members  and  the  recorder,  and  upon  completion  the  entire  record  be 
transmitted  to  the  reviewing  officer. 


U.  S.  S.  Hancock, 
Navy- Yard,  New  York, 

February  — ,  19 — . 
The 'court  met  at  10  a.  m.,  pursuant  to  an  order  hereto  prefixed, 
marked  ''A,"  which  was  read  by  the  recorder. 

Var.  piu-suant  to  an  order  contained  in  the  indorsement 

of  the  convening  (reviewing)  authority  on  the  case,  dated  February 
— ,  19 — ,  which  was  read  by  the  recorder. 

Present:  All  the  members  and  the  recorder. 
The  recorder  withdrew. 

175 


176  PROCEEDINGS   OF   A   SUMMARY   COURT-MARTIAL. 

Recorder  excluded.— The  recorder  shall  be  excluded  from  the  court  room  during  a 
revision  of  the  finding  and  sentence  of  the  court. 

What  record  must  show.— If  the  court  be  reconvened  to  amend  or  otherwise  remedy 
a  defect  or  omission  in  the  record,  which  may  be  done  if  the  facts  warrant,  the  record 
must  show  that  all  members  of  the  court,  the  recorder,  and  the  accused  (with  counsel, 
if  any)  were  present,  and  that  the  amendment  was  then  made  to  conform  to  and  express 
the  truth  in  the  case. 

Presence  of  accused.— If  the  court  be  reconvened  to  correct  clerical  errors  the  accused 
need  not  be  present,  nor  shall  he  be  present  during  the  revision  of  any  matters  that 
occurred  in  closed  court. 

Correction  of  clerical  errors.- Clerical  errors  are  not  to  be  corrected  in  an  informal 
manner  by  erasure  or  interlineation.  The  legal  procedure  is  for  the  court  to  continue 
*  the  record  by  a  report  of  the  proceedings  in  revision  when  the  amendment  is  made. 

Revision  by  a  different  court.— The  only  case  in  which  a  revision  may  be  had  by  a 
summary  court-martial  other  than  the  one  which  sat  originally  is  where  the  medical 
officer  certifies  that  the  execution  of  the  original  sentence  would  be  seriously  injurious 
to  the  health  of  the  accused.  In  such  a  case  the  new  court  is  restricted  in  its  action  to 
the  reviewal  of  the  record  of  the  former  trial  and  a  redetermination  of  the  sentence.  No 
further  testimony  may  be  admitted. 

(See  also  Revision,  general  court-martial.) 

The  recorder  was  recalled  and  directed  to  record  that  the  court 

decided  to  revoke  its  former  sentence  in  the  case  of  J Z. 

S ,  seaman,  U.  S.  Navy,  and  to  substitute  therefor  the  following 

sentence: . 

Var.  1.  revoke  its  former  finding  in  the  case  of  J Z. 


S ,  seaman,  U.  S.  Navy,  and  to  substitute  therefor  the  follow- 
ing finding:  The  specification  proved  in  part,  proved  except,  etc. 
The  court  respectfully  adheres  to  its  former  sentence. 

Var.  2.  decided  respectfully  to  adhere  to  its  former  find- 
ing {or,  finding  and  sentence;  or  sentence). 

Var.  3.  decided  to  correct  the  following  clerical  errors: 

On  page  7,  by  inserting  between  lines  10  and  11  the  follow- 
ing: " ." 

(a)  On  page  9,  by  omitting  from  lines  16  and  17  the  following: 


(b)  On  page  20,  by  striking  out  the  words  ' ' ,"  lines  5 

to  9,  inclusive,  and  substituting  therefor  the  words  ' ' ." 

A R.  K , 


Lieutenant,  TJ.  S.  Navy,  Senior  Member. 

J M.  D , 

Lieutenant,  TJ.  S.  Navy,  Member. 

G B.  W , 

First  Lieutenant,  TJ.  S.  Marine  Corps,  Member. 

J H.  R , 

Ensign,  TJ.  S.  Navy,  Recorder. 
The  court  took  up  the  next  case. 

Var.  1.  adjourned  to  meet . 


Var.  2.  adjourned  to  await  orders  from  the  convening 

authority. 

Var.  3.  proceeded  with  the  trial  of . 

A. R.  K 


Lieutenant,  TJ.  S.  Navy,  Senior  Member. 

J H.  R , 

Ensign,  U.  S.  Navy,  Recorder. 
(Here  follow  the  indorsements  of  the  convening  and  reviewing  authorities,  as 
previously  indicated.) 


DECK  COURTS. 


8483—10 12  177 


Deck  Court. 


U.  S.  S.  Salem, 
Navy- Yard,  New  York, 

Augusts,  1909. 

Lieut.  A B.  C ,  U.  S.  Navy,  is  hereby  ordered  as  deck 

court  to  try  J K.  B ,  coal  passer,  U.  S.  Navy,  for  the 

following  offense: 

By  whom  ordered.  —Deck  courts  for  the  trial  of  enlisted  men  in  the  Navy  and  Marine 
Corps  for  minor  offenses  may  be  ordered  by  the  commanding  officer  of  a  naval  vessel, 
by  the  commandant  of  a  navy-yard  or  station,  by  a  commanding  officer  of  marines,  or 
by  higher  naval  authority.  After  consideration  of  reports  against  enlisted  men  for 
offenses  not  warranting  punishment  more  severe  than  such  court  is  authorized  to  adjudge, 
the  officers  herein  mentioned  shall,  in  their  discretion,  cause  the  offenders  to  be  brought 
before  a  deck  court. 

Composition  and  authority.— A  deck  court  shall  consist  of  one  commissioned  officer 
only,  who,  while  serving  in  such  capacity,  shall  have  power  to  administer  oaths,  to  hear 
and  determine  cases,  and  to  impose,  in  whole  or  in  part,  the  punishment  prescribed  by 
article  30  of  the  Articles  for  the  Government  of  the  Navy,  but  in  no  case  shall  a  deck 
court  adjudge  discharge  from  the  service,  nor  shall  it  adjudge  confinement  or  forfeiture 
of  pay  for  a  longer  period  than  twenty  days.  The  order  constituting  the  court  shall  be 
in  writing. 

Who  shall  not  be  ordered  as  deck  court.— Officers  shall  not  be  ordered  as  deck  court 
who  are  below  the  rank  of  lieutenant  in  the  navy,  or  captain  in  the  Marine  Corps,  except 
in  cases  where  there  is  no  officer  of  such  rank  attached  to  the  command. 

When  approval  not  necessary.- An  officer  empowered  to  order  these  courts  shall 
not  designate  himself  for  this  duty  unless  he  is  the  only  commissioned  officer  attached 
to  the  vessel,  navy-yard,  or  station,  or  command,  or  when  the  subordinate  officers  are 
below  the  specified  rank,  in  which  cases  he  shall  constitute  the  deck  court  and  finally 
determine  the  cases  tried  by  him,  and  no  order  appointing  the  court  need  be  issued, 
but  the  officer  in  question  shall  enter  on  the  record  that  he  is  "the  only  officer  (of  the 
specified  rank)  attached  to  the  vessel,"  "navy-yard,"  or  "present  with  the  command," 
as  the  case  may  be.  In  these  cases  no  approval  of  the  sentence  is  required,  but  he  should 
sign  as  above  and  date  his  signature.  In  all  other  cases  the  sentences  must,  before  they 
can  be  executed,  be  approved  by  the  officer  ordering  the  court  or  his  successor  in  office. 

Specification:  In  that  J K.  B ,  coal  passer,  U.  S.  Navy, 

having  been  granted  liberty  on  June  25,  1909,  until  12  m.,  June  27, 
1909,  did,  upon  the  expiration  of  said  hberty  fail  to  return  to  his  ship 
and  did  remain  absent  from  his  station  and  duty  without  leave  until 
10  a.  m.,  June  28,  1909. 

R A.  V ,  yeoman  second  class,  U.  S.  Navy,  will  act  as 

recorder. 

Recorder.— Any  person  in  the  navy  under  the  command  of  the  officer  by  whose  order 
a  deck  court  is  convened  may  be  detailed  to  act  as  recorder  thereof. 

J J.  K , 

Commander  U.  S.  Navy,  Commanding. 
I  consent  to  trial  by  deck  court  as  above. 

Consent  of  accused.— When  an  enlisted  man  is  brought  before  the  deck  court  for 
trial,  he  shall  signify  his  willingness  to  be  so  tried  by  affixing  his  signature  to  a  statement 
to  that  effect  m  the  record.  If  he  does  so  object  he  shall  be  tried  for  the  offense  by  a 
summary  court-martial. 

J K.  B , 

Coal  Passer,  U.  S.  Navy. 
179 


180  PKOCEEDINGS   OF  A  DECK   COUKT. 

Date  of  present  enlistment:  November  17,  1907. 

Rate  of  pay  per  month:  $24.20. 

Previous  convictions  during  present  enlistment : 

March  16,  1909,  absent  overleave,  February  24-30,  1909.  S.  c.  m., 
sentence:  S.  c,  b.  w.,  5  d.;  1.  p.  $18.60.  App'd.  by  C.-in-C,  March 
18,  1909. 

April  9,  1909,  forty  and  one-half  hours  overleave.  Deck  court 
sentence:  L.  p.  $13.70.     Approved  April  13,  1909. 

Previous  convictions.— Cases  submitted  for  trial  by  deck  court  shall  be  accompanied 
by  evidence  of  previous  convictions,  or  by  a  statement  to  the  effect  that  none  such 
exists.  When  previous  convictions  are  considered  in  determining  the  sentence,  a  note 
to  that  effect  shall  be  entered  upon  the  record. 

U.  S.  S.  Salem, 
Navy- Yard,  New  York, 

August  2,  1909. 
The  accused  was  arraigned  and  pleaded  as  follows: 
Not  guilty.     (Guilty.) 

Procedure.— The  procedure  as  to  counsel  for  the  accused,  swearing  of  the  recorder, 
arraignment,  pleading,  swearing  of  the  witnesses,  prosecution  and  defense,  direct  and 
cross  examination,  certificate  of  medical  officer,  etc.,  for  the  deck  court  shall  be  the 
same  as  is  provided  for  summary  courts-martial. 

Witness's  testimony.— If  the  accused,  having  offered  no  objection  to  trial  by  deck 
court,  does  not  plead  guilty,  the  officer  sitting  as  such  court  shall  summon  the  witnesses 
and  administer  to  them  the  oath  prescribed  by  article  41  of  the  Articles  for  the  Govern- 
ment of  the  Navy.  The  accused  may,  at  his  own  request,  but  not  otherwise,  be  per- 
mitted to  testify  in  his  own  behalf;  he  may  also  make  a  statement,  if  he  so  desires.  The 
facts  established  by  the  testimony  shall  be  submitted  on  a  separate  sheet  to  the  con- 
vening authority.  In  cases  of  contempt  the  deck-court  officer  shall  report  the  facts  to 
the  convening  authority  for  such  disciplinary  action  as  may  be  appropriate. 

Witnesses  for  prosecution:  Midshipman  C M.  Y ,  U.  S. 

Navy. 

Witnesses  for  defense: ,  fireman,  first  class,  U.  S. 

Navy. 

Civilian  witnesses.— Deck  courts  are  empowered  to  compel  the  attendance  of  civilian 
witnesses  and  to  make  use  of  depositions  in  the  same  manner  as  general  courts-martial. 

Finding:  Guilty.     (Not  guilty.) 

Sentence:  To  lose  pay  amounting  to  $16.13.  • 

Var.  The  court  acquits  the  said of  the  offense  specified. 

A B.  C , 


Lieutenant,  TJ.  8.  Navy,  Deck  Court. 

Convening:  autliorlty  to  decide  on  trial.— The  officer  ordering  the  court  shall  deter- 
mine when  and  what  cases  shall  be  brought  before  it;  but,  whenever  practicable,  the 
trial  shall  take  place  within  forty-eight  hours  after  the  offense  is  committed.  Delay  in 
the  trial  of  the  accused  may  be  considered  in  adjudging  sentence. 

Completion  and  submission  of  record.— The  deck  court,  as  soon  as  a  trial  is  com- 
pleted, shall  record  its  finding  and  sentence  in  the  record  and  submit  the  same  to  the 
officer  convening  the  court,  or  to  his  successor  in  office,  upon  whose  approval  the  sen- 
tence may  be  carried  into  effect. 

(If  sentence  involves  more  than  ten  days'  confinement  on  dimin- 
ished rations,  or  on  bread  and  water,  the  following  certificate  is 
required :) 


PROCEEDINGS   OF  A  DECK   COURT.  181 

Having  examined  accused  and  place  of  his  confinement,  I  am  of 

opinion  that  execution  of  this  sentence  would  (not)  produce  serious 

injury  to  his  health. 

A A.  B -, 

SurgeoUj  U.  S.  Navy, 

Senior  Medical  Officer  on  Board. 

The  sentence  is approved  and  the  accused  informed  this  day, 

June  29,  1909. 

J J.  K , 

Commander,  U.  S.  Navy,  Commanding. 

Reviewing  authority.— The  officer  within  whose  command  a  deck  court  sits  shall 
have  full  power  as  reviewing  authority  to  remit  or  mitigate,  but  not  to  commute,  any 
sentence  imposed  by  such  court;  but  no  sentence  of  a  deck  court  shall  be  carried  into 
effect  until  it  shall  have  been  so  approved  or  mitigated,  and  such  officer  shall  have 
power  to  remit  any  punishment  such  court  may  adjudge. 

Action  of  convening  authority.— The  convening  authority  or  his  successor  in  office, 
shall,  after  careful  scrutiny  of  the  record  and  of  the  testimony,  if  any  be  given,  note  his 
action  thereon,  with  date  and  signature,  due  attention  being  paid  to  the  foregoing 
paragraph.  Should  the  only  officer  present  with  the  command  sit  as  deck  court  the 
finding  and  sentence  shall  be  recorded  in  like  manner.  No  other  record  of  the  pro- 
ceedings need  be  kept,  and  the  result  of  such  trials  shall  be  published  to  the  accused 
only. 

Transcript.- Brief  transcripts,  as  in  summary  courts-martial  cases,  shall  be  furnished 
to  the  officer  of  the  deck  for  entry  in  the  ship's  log,  and  to  the  executive  officer  for  entry 
on  the  enlistment  record  of  the  accused. 

Disposition  of  record.— The  record  of  a  deck  court  shaU,  when  completed,  be  at  once 
forwarded  by  the  convening  authority  to  the  Judge-Advocate-General.  Should  the 
accused  desire  to  make  an  appeal  to  the  reviewing  authority,  i.  e.,  the  Secretary  of 
the  Navy,  within  the  prescribed  period  of  thirty  days,  such  statement  as  he  may  wish 
to  make  shall  be  submitted  in  writing  and  appended  to  the  record  of  testimony , separately 
therefrom,  and  shall  be  forwarded  therewith  to  the  Navy  Department  (office  of  the 
Judge-Advocate-General).  As  the  Secretany  of  the  Navy  is  the  reviewing  authority ,  no 
action  by  any  intermediate  authority  is  required. 

Accounts  checked,  $16.13. 

J F.  K , 


P.  A.  Paymaster,  V.  S.  Navy. 

Pay  accounts.— Records  of  deck  courts  shall  show,  over  the  signature  of  the  pay  officer 
having  the  pay  accounts  of  the  accused,  that  the  loss  of  pay,  if  there  be  any  adjudged 
and  approved,  has  been  checked.  In  order  to  enable  the  pay  officer  to  make  the  necessary 
certificate,  the  commanding  officer  shall  forward  with  the  record  the  requisite  order  for 
the  checkage;  such  order  shall  be  in  duplicate,  one  copy  of  which  shall  be  sent  imme- 
diately to  the  Auditor  for  the  Navy  Department.  The  order  shall  contain  the  following 
information:  Name,  rate,  date  of  trial,  offense  (condensed  as  much  as  possible),  and 
sentence  as  finally  approved.  If  the  offense  is  absence  over  leave,  the  dates  of  the  begin- 
ning and  ending  of  the  unauthorized  absence  shall  be  stated. 

(Briefing  for  record  of  deck  court..) 

U.  S.^ , 


(ship  or  station) 
Boston,  Mass., 


Record  of  Deck  Court  No. — .    Held  September  19, 
19—. 

Respectfully  forwarded  to  the  office  of  the  Judge- 
Advocate-General  . 

J J.  K , 

Lieutenant,  U.  S.  Navy,  Commanding. 


182  PROCEEDINGS   OF  A  DECK   COURT. 

Form  for  record  of  proceedings  of  deck  court  when  there  is 
only  one  oflacer,  or  only  one  of  the  required  rank,  attached 
to  the  vessel,  navy-yard,  station,  or  command. 

Deck  Court. 

U.  S.  S.  Severn, 
Naval  Academy,  Annapolis,  Md., 

July  12,  1909. 

Trial  of ,  coal  passer,  U.  S.  Navy,  for  the  following 

offense : 

(See  notes  and  variations  under  preceding  case.) 

Specification :  In  that -,  coal  passer,  U.  S.  Navy,  having 

been  granted  liberty  to  expire  at  7  a.  m.  on  July  12, 1909,  did,  upon  the 
expiration  of  said  liberty,  fail  to  return  to  his  ship  and  did  remain  absent 
from  his  station  and  duty  without  leave  until  10  a.  m.,  July  13,  1909. 

J A.  H ,  chief  yeoman,  U.  S.  Navy,  will  act  as  recorder. 

I  consent  to  trial  by  deck  court  as  above. 


Coal  Passer,  U.  S.  Navy. 
Date  of  present  enlistment:  October  15,  1908. 
Rate  of  pay  per  month:  $24.20. 

Previous  convictions  during  current  enlistment:  None. 

U.  S.  S.  Severn, 
Naval  Academy,  Annapolis,  Md., 

July  12,  1909. 
The  accused  was  arraigned  and  pleaded  as  follows:  Guilty. 
Witnesses  for  prosecution:  None. 
Witnesses  for  defense:  None. 
Finding:  Guilty. 

Sentence:  To  lose  pay  amounting  to  $7.25. 

(If  sentence  involves  more  than  ten  days'  confinement  on  diminished 

rations,  or  on  bread  and  water,  the  following  certificate  is  required:) 

Having  examined  accused  and  place  of  his  confinement,  I  am  of 

opinion  that  execution  of  this  sentence  would  (not)  produce  serious 

injury  to  his  health. 

A A.  B , 

Surgeon,  U.  S.  Navy, 
Senior  Medical  Officer  on  Board. 
The  accused  informed  this  day,  July  12,  1909. 

R —  M.  J , 

Lieutenant,  U.  S.  Navy,  Commanding. 
The  only  ofiicer  attached  to  the  vessel  (navy-yard,  etc.). 
Var.  The  only  officer  of  the  required  rank  attached  to  the  vessel 
(navy-yard,  etc.). 

Accounts  checked,  $ — . 

J F.  K , 

P.  A.  Paymaster,  Z7.  S.  Navy. 


SUMMARY  AND  DECK  COURTS-SCHEDULE  OF 
PUNISHMENTS. 


183 


Summary  and  Deck  Courts. 


Schedule  of  'punishments. 


Offense. 


Number  days'  loss  of  pay  for  act  and 
for  each  day's  absence. 


Absence  over  leave  exceeding  24  hours 

Absence  without  leave 

Absence  without  leave,  attempted 

Absence  without  leave,  to  avoid  guard  or  draft. 
Absence  without  leave,  using  another's  name. . . 

Asleep  on  post  or  watch 

Delivered  after  absence  without  or  over  leave  . . 


Disobedience,  deliberate 

Disorderly  conduct 

Disrespect  to  commissioned  or  warrant  officer 

Disrespect  to  petty  officer 

Drunk,  not  having  been  on  liberty 

Dnmk  on  duty,  post,  or  guard 

Failure  to  obey 

Falsehood 

Gambling 

Leaving  post  or  watch 

Liquor  unlawfully  in  possession 

Missing  ship  after  absence  without  or  over  leave 

Neglect  of  duty 

Resisting  arrest 

Returning  from  liberty  unfit  for  proper  i)erformance  of  duty. 

Returning  in  civilian  clothes 

Sitting  down  on  post  or  watch 

Smuggling  or  attempting  to  smuggle  liquor 

Surrendering  at  another  station 

Threatening,  abusive,  or  obscene  language 

Previous  conviction  during  current  enlistment 


5,  act;  4,  each  day  absent. 

15,  act;  4,  each  day  absent. 

15. 

15,  additional. 

30. 

Max. 

5,  increased  to  10  or  15  days  for  long 
absence. 

Max. 

15. 

Max. 

60. 

30. 

Max. 

Max. 

Max. 

30. 

Max. 

15. 

30. 

Max. 

30. 

3. 

10. 

15. 

15. 

30. 

Max. 

In  case  of  a  second  conviction  for  an 
offense  of  a  similar  nature,  the  pun- 
ishment should  be  doubled;  and  for  a 
third  or  subsequent  conviction,  either 
the  maximum  or  a  bad  conduct  dis- 
charge should  be  adjudged.  If  the 
offense  is  of  a  different  character, 
increased  by  15  days'  loss  of  pay. 


The  act  of  a  man  in  absenting  himself  without  leave  calls  for  15  days'  loss  of  pay;  and  each  day's  absence 
calls  for  an  additional  loss  of  pay  as  specified  above,  using  the  multiplier  4,  in  connection  with  the  exact 
number  of  days  absent.  For  example,  a  man  who  absents  himself  without  leave  and  remains  away  7  days 
should  be  awarded  15+ (4X7)=  43  days'  loss  of  pay. 

AbscTice  over  leave  is  a  distinct  offense.  The  number  of  days  over  leave  is  to  be  used  In  connection 
with  the  multiplier.    Thus,  a  man  who  remains  over  leave  7  days  is  adjudged  5+ (4X7)=  33  days'  loss  of 

pay- 

A  member  of  a  boat's  crew  leaving  the  boat  without  permission  may  be  considered  as  leaving  post, 
A  deck  court  can  not  adjudge  loss  of  pay  for  a  longer  period  than  twenty  (20)  days. 

Nothing  in  the  foregoing  schedule  is  intended  to  limit  the  power  of  summary  courts-martial  under  article 
30  of  the  Articles  for  the  Government  of  the  Navy,  or  of  deck  courts  under  the  act  of  February  16,  1909, 
but  it  is  considered  that  a  better  disciplinary  effect  is  obtained  if  a  loss  of  pay  is  not  reduced  by  the  Depart- 
ment, and  it  is,  therefore,  suggested  that  the  schedule  be  generally  followed,  not  only  for  the  reason  given 


above»  but  also  to  secure  uniformity  of  punishment  throughout  the  service. 


185 


COURTS  OF  INQUIRY. 


187 


RECORD   OF  PROCEEDINGS 

OF  A 

Court  of  Inquiry 

CONVENED    AT 

THE  NAVY  YARD,  NEW  YORK, 

BY    ORDER    OP 

THE   SECRETARY  OF  THE  NAVY 

(or,  the  Commander  in  Chief,  U.  S.  Atlantic  Fleet) 

{or,  the  Commander,  Third  Squadron,  U.  S.  Pacific  Fleet) 

TO    INQUIRE    INTO 


June  — ,  19 — . 

189 


FIRST  DAY. 

Navy- Yard,  New  York, 

Friday, ,  19 — . 

The  court  met  at  10  a.  m. 

Notes  and  variations.— See  notes  and  variations  under  general  court-martial  pro- 
cedure. 

Present : 

Capt.  A B.  C ,  U.  S.  Navy,  president; 

Commander  D E.  F ,  U.  S.  Navy,  and 

Commander  G H.  K ,  U.  S.  Navy,  members;  and 

Lieut.   L M.   N ,   U.   S.   Navy,   judge-advocate. 

Var.  Absent:  Commander  G H,   K ,   U.   S.   Navy, 

member,  owing  to  {or,  for  reasons  unknown,  due  inquiry  having 
been  made  by  the  judge-advocate). 

The  judge-advocate  read  a  certificate  accounting  for  the  absence 

of  Commander  G H.  K ,  U.  S.  Navy,  which  is  appended, 

marked  " . " 

The  court  then  took  a  recess  until {or,  addressed  a  letter 

to  the  convening  authority,  a  copy  of  which  is  appended,  marked 

" ^")  {or,  adjourned  until to  await  the  arrival  of  the  absent 

member) . 

The  court  was  cleared  and  the  precept,  together  with  the  accom- 
panying instructions,  were  read.  All  other  matters  preliminary  to 
the  inquiry  were  determined,  and,  after  deciding  to  sit  with  open 
doors,  the  court  was  opened. 

Var.  All  other  matters  preliminary  to  the  inquiry  were  deter- 
mined, and  the  court  announced  that  in  obedience  to  orders  it  would 
sit  with  closed  doors  {or,  decided  to  sit  with  closed  doors). 

Withdrawal  of  judge -advocate. — The  judge-advocate  of  a  court  of  inquiry  does  not 
withdraw  when  the  court  is  cleared. 

The  judge-advocate,  having  received  permission,  introduced  as 
reporter  (clerk  or  stenographer)  Chief  Yeoman  A B , 

U.  S.  Navy. 

Var.  The  judge-advocate  having  asked  and  received  permission 
to  employ  a  stenographer  (clerk  or  interpreter),  his  request,  copy  of 

which  is  appended,  marked  " , "  was  referred  to  the  convening 

authority. 

Var.  2.  F E.  D -,  clerk  (stenographer,  interpreter), 

entered  by  authority  contained  in  letter,  copy  {or,  original)  appended, 
marked  " .  " 

The  defendant,  Commander  O P.  Q ,  U.  S.   Navy, 

commanding  the  U.  S.  S.  ,  appeared  and,  having  received 

191 


192  PROCEEDINGS  OF  A  COURT  OF  INQUIRY. 

permission,  introduced  Lieut.  R S.  T ,  U.  S.  Navy,  as 

his  counsel. 

Defendant's  right  to  be  present.— The  convening  authority  should  notify  the  defend- 
ant of  his  right  to  be  present  during  the  investigation. 

When  there  is  no  defendant.— -When  the  court  is  convened  to  inquire  into  certain 
facts,  and  no  person  is  placed  in  the  position  of  defendant,  the  record  will  necessarily 
omit  all  that  relates  to  such  defendant  and  proceed  with  the  administration  of  the  oaths. 

When  proceedings  Indicate  a  defendant.— If  it  should  appear  at  any  stage  of  the 
proceedings  that  any  other  person  or  persons  than  those  named  by  the  convening 
authority  are  implicated,  they  should  be  called  before  the  court,  informed  of  all  the  evi- 
dence which  tends  to  implicate  them,  and  instructed  as  to  their  right  to  cross-examine 
witnesses  and  offer  evidence  in  defense. 

Var.  1.  The  court  received  from a  communication, 

which   was    read    and    appended,    marked    " , "    stating   that 

the  defendant  (in  case  of  more  than  one  defendant,  give  names)  was 

unable  to  appear,  owing  to .     (Here  give  reason;  if  illness,  a 

medical  certificate  must  be  presented,  read,  and  appended.  This 
communication  may  be  made  personally  by  any  competent  person.) 

The  court  then,  at ,  adjourned  until .  (See  adjourn- 
ment.) 

Var.  2.  The  defendant,  etc.,  appeared  and  stated  that  he  did  not 
desire  counsel. 

Var.  3.  The  defendant  appeared  and  asked  permission  to  intro- 
duce Lieut.  U V.  W ,  U.  S.  Navy,  as  counsel;  at  the 

request  of  (a  member)  (the  judge-advocate)  the  court  was  cleared. 
When  opened  the  defendant  appeared  and  was  informed  that,  while 
he  was  at  liberty  to  designate  some  other  person,  his  request  was 
denied. 

Var.  4.  The  complainant,  Capt.  X Y.  Z ,  U.  S.  Navy, 

appeared,  and,  having  received  permission,  introduced  Major  B 

C.  D ,  U.  S.  Marine  Corps,  as   his  counsel.     (If  counsel   is 

rejected,  procedure  same  as  in  preceding  variation.) 

Complaint  communicated  to  parties.— The  court  having  decided  on  its  mode  of 
procedure,  the  defendant,  and  the  complainant,  if  there  be  one,  should  be  called  in  and 
the  complaint  or  subject  to  be  investigated  communicated  to  them. 

The  judge-advocate  read  the  precept,  and  accompanying  papers, 
the  original  of  the  former  and  certified  copies  of  the  latter  are 
appended,  marked  '^ , "  " , "  etc. 

Vaii.  The  original  precept  and  the  accompanying  papers  are 
appended,  marked  " , "  *' ,"  etc.  *     . 

The  defendant  stated  that  he  did  not  object  to  any  member  present. 

Var.  The  defendant .  and  the  complainant  were  asked  if  they 
objected  to  any  member  present,  to  which  each  replied  in  the  nega- 
tive. 

Cliallenge.— In  the  case  of  challenge  proceed  as  laid  down  for  general  courts-martial. 

The  members,  judge-advocate,  and  clerk  (stenographer,  inter- 
preter) were  duly  sworn. 

Oath  administered  to  members.— You, ,  do  swear  (or  afhrm)  well  anti 

truly  to  examine  and  inquire,  according  to  the  evidence,  into  the  matter  now  before  you, 
without  partiality. 

Oath  administered  to  judge-advocate.— You, ,  do  swear  (or  affirm) 

truly  to  record  the  proceedings  of  this  court  and  the  evidence  to  be  given  in  the  case  in 
hearing. 


PROCEEDINGS  OF  A  COURT  OF  INQUIRY.  193 

Oath  administered  to  the  clerk  (stenographer).— You, ,  swear  (or 

affirm)  faithfully  to  perform  the  duty  of  clerk  or  reporter  in  aiding  the  judge-advocate  to 
take  and  record  the  proceedings  of  the  court,  either  in  shorthand  or  ordinary  manuscript. 

Oath  administered  to  interpreter.— You, ,  swear  (or  affinn)  faithfully 

and  truly  to  interpret  or  translate  in  all  cases  in  which  you  shall  be  required  so  to  do 
between  the  United  States  and  the  defendant. 

Vak.  (Postponement  of  inquiry.)  The  defendant  (complainant  or 
judge-advocate)  applied  for  a  postponement  of  the  inquiry  on  the 
ground  (here  give  reasons).  The  court  was  cleared  and,  after  due 
deliberation,   was  opened  and  its  decision  announced,    that  the 

inquiry  should  be  postponed  until  (or)  the  inquiry  should 

proceed,  (or)  it  would  await  the  action  of  the  convening  authority, 
who  was  informed  that  the  defendant  (complainant)  desired  a  post- 
ponement of  the  inquiry  until for  the  reason  (here  give  rea- 
sons offered  for  the  postponement). 

Need  not  meet  dally.— Courts  of  inquiry,  unlike  general  courts-martial,  need  not 
meet  from  day  to  day,  but  have  the  power  to  adjourn  for  such  period  as  they  may  see  fit 
without  the  permission  of  the  convening  authority. 

All  witnesses  were  directed  to  withdraw,  and  the  inquiry  proceeded 
as  follows: 

A  witness  called  by  the  judge-advocate  was  duly  sworn. 

Oath  administered  to  witness.— You, ,  do  solemnly  swear  (or  affirm) 

that  the  evidence  you  shall  give  in  the  case  now  before  this  court  shall  be  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  and  that  you  will  state  everything  within  your 
knowledge  in  relation  to  the  matter  under  inquiry:  So  help  you  God  {or,  This  you  do 
under  the  pains  and  penalties  of  perjury). 

Examined  by  the  judge-advocate: 

1.  Q.  *     *    "^ 

^    *     *     * 

Examined  by  the  complainant  (if  there  be  one) : 
20.  Q.  *     *     *    ^ 
X    ^     *     * 

Cross-examined  by  the  defendant: 

25.  Q.  *     *     * 

j^    *     *     * 

Reexamined  by  the  judge-advocate: 
40.  Q.  *     *     * 

^    *     *     ^' 

Examined  by  the  court: 
52.  Q.  *     *     * 

A  5|*  5^  >|» 

The  witness  verified  his  testimony,  was  duly  warned  and  withdrew. 

Correction  of  testimony.— See  variations  under  general  courts-martial  for  method  of 
having  witness  pronounce  testimony  correct. 

Parties  may  introduce  evidence.— When  the  judge-advocate  has  introduced  all  the 
evidence  on  the  part  of  the  Government,  the  defendant  (the  complainant,  if  there  be 
one)  may  introduce  evidence  in  the  same  manner  as  the  accused  in  a  court-martial. 

The  court  then,  at  —  o'clock — .  m.,  adjourned  until  —  o'clock — .  m. 

the  next  day  (Saturday), ,  19 — . 

8483—10 13 


194  PROCEEDINGS   OF   A   COUET   OF   INQUIRY. 

SECOND  DAY. 

Navy- Yard,  New  York, 

Saturday, ,  19 — . 

The  court  met  at  —  a.  m.,  pursuant  to  adjournment  of  yesterday. 
Present:  All  the  members,  judge-advocate,  and  the  parties  to  the 
inquiry. 

The  record  of  proceedings  of  yesterday  (or,  the  previous  day)  was 
read  and  approved. 

A  witness  called  by  the  judge-advocate  was  duly  sworn. 

Examined  by  the  judge-advocate: 
1.  Q.  *     *     * 

A        *K         T*         'I* 

There  being  no  further  questions  to  ask,  etc. 
The  judge-advocate  had  no  more  witnesses  to  call. 
A  witness  called  by  the  defendant  was  duly  sworn. 

Examined  by  the  defendant: 
1.  Q.  *     *     * 

A        5tc         >f.        Jjc 

Cross-examined  by  the  judge-advocate: 

8.  Q.  *     *     * 

j^    *     *     * 

Reexamined  by  the  defendant: 

15.  Q.  *     *     * 

^    *     *     * 

Examined  by  the  court: 
30.  Q.  *     *     * 

A  ?{C  ?{C  >JC 

The  witness  verified  his  testimony,  etc . 

The  defendant  had  no  further  witnesses  to  call. 

The  court  had  no  witnesses  to  call. 

'  Arguments.— At  this  point  the  arguments  are  made,  or  statements  submitted,  by  the 

complainant,  defendant,  and  judge-advocate.    See  procedure  under  general  courts- 
martial. 

At  —  o'clock  the  inquiry  was  finished  and  the  parties  thereto  with- 
drew. 

The  court  having  thoroughly  inquired  into  all  the  facts  and  cir- 
cumstances connected  with  the  allegations  contained  in  the  papers 
attached  to  the  precept,  and  having  considered,  with  closed  doors, 
the  evidence  adduced,  submits  a  statement  of  the  facts  which  it 
deems  to  be  established. 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  195 

FINDING. 

The  allegations  and  complaints  made  by  Commander  O ■ 


P.  Q — - — ,  U.  S.  Navy,  were  to  the  following  effect:  (Here  state 
them  concisely.) 

Of  these  allegations,  the  court  finds  that  the  following  are  not 
sustained  by  the  evidence  adduced,  namely:  (Here  insert  them  in 
full.) 

.  The   complaints    and    allegations    made   by   Lieut.    R M. 

P ,  U.  S.   Navy,    against   Commander  O —  P.  Q , 

U.  S.  Navy,  are  as  follows:   (Here  state  them  concisely.) 

Of  these  several  allegations  and  complaints,  the  court  finds  that 

the  one  which  accuses  Commander  O P.  Q ,  U.  S.  Navy, 

of is  not  sustained  by  the  evidence  adduced. 

As  to  the  remaining  allegations,  the  court  finds  the  following 
established  by  the  evidence,  namely:  (Here  insert  those  found 
established.) 

OPINION. 

In  the  opinion  of  the  court  no  further  proceedings  should  be  had 

against  Lieut.  R M.  P ,  U.  S.  Navy,  for  the  reason  that 

of  the  allegations  against  him  which  have  been  sustained,  but  one, 

that  of ,  is  of  sufficient  weight  to  justify  such  further 

action,  and  (here  state  reason  why  further  action  is  unnecessary  or 
not  desirable,  if  such  be  the  case). 

And  in  the  opinion  of  the  court  further  proceedings  should  be  had 

against  Commander  O P.  Q ,  U.  S.   Navy,   and  that 

officer  should  be  tried  by  general  court-martial  for  the  following 
specific  acts,  namely: 

For  restoring  Lieutenant to  duty  when  he  ( )  had 

been  suspended  by  Lieut.  R M.  P ,  U.  S.  Navy,  in  the 

clear  exercise  of  his  (Lieutenant  P 's)  prerogative  as  command- 
ing officer,  thereby  tending  to  injure  the  discipline  of  the  ship. 

For  publicly  reprimanding  Lieutenant  P in  the  presence  of 

Surg. and  Lieut. ,  U.  S.  Navy,  and  there- 
by subverting  the  discipline  of  the  ship. 

The  record  of  proceedings  of  this  second  day  of  the  inquiry  was 
read  and  approved,  the  court  being  closed  during  the  reading  of  so 
much  thereof  as  pertains  to  the  proceedings  in  closed  court. 


Captain,  U.  S.  Navy,  President. 


Lieutenant,  U.  S.  Navy,  Judge- Advocate. 

Revision.— The  proceedings  of  a  court  of  inquiry  may  be  revised  as  often  as  the  con- 
vening authority  may  deem  necessary,  and  new  evidence  may  be  received  and  recorded 
on  every  such  revision.  Any  of  the  witnesses  may  be  recalled  and  reexamined  with  a 
view  to  eliciting  further  information. 


196  PROCEEDINGS  OF  A  COURT  OF  INQUIRY. 

Navy  Department, 

Washington,  October  18,  19 — . 
The  finding,  opinion,  and  recommendation  of  the  court  of   inquiry 
in  the  foregoing  case  are  approved  (disapproved). 

Acting  Secretary  of  the  Navy. 

Var.  The  findings  and  recommendation  of  the  court  of  inquiry 
in  the  foregoing  case  are  approved.  The  department  does  not,  how- 
ever, deem  it  advisable  to  bring to  trial  by  general 

court-martial,  as  recommended  by  the  court,  but  will  address  a  letter 
to  him  admonishing  (cautioning)  him  as  to  his  conduct  in  the  matter. 

,  Secretary  of  the  Navy. 

Var.  The  recommendation  of  the  Judge-Advocate-General  in  the 
foregoing  matter  is  approved . 

,  Secretary  of  the  Navy. 

Action  of  commander  in  chief.— If  the  court  of  inquiry  is  convened  by  a  commander 
of  a  fleet  or  squadron,  his  action  on  the  record  is  similar  to  the  above. 


RECORD   OF   PROCEEDINGS 

OP    A 

Court  of  Inquiry 

CONVENED    AT 

THE   NAVY-YARD,  NEW   YORK, 

BY    ORDER    OP 

THE  SECRETARY  OF  THE  NAVY 

TO    INQUIRE    INTO 

the  loss  (or  grounding)  of  the  late  U.  S.  S. {or,  the  U.  S.  S. 

). 

November  — ,  19 — . 

197 


FIRST  DAY. 

Navy- Yard,  New  York, 

Friday,  November — ,  19 — . 
The  court  met  at  10  o'clock  a.  m.,  with  closed  doors. 

(See  notes  and  variations  under  general  court-martial.) 

Present : 

Capt.  A B.  C ,  U.  S.  Navy,  president; 

Commander  D E.  F ,  U.  S.  Navy,  and 

Commander  G H.  K ,  U.  S.  Navy,  members ;   and 

Lieut.  T T.  W ,  U.  S.  Navy,  judge-advocate. 

Variations.— The  variations  which  are  recorded  under  the  proceedings  of  an  ordinary 
court  of  inquiry  are  also  applicable  to  this  form. 

The  judge-advocate  read  the  precept  and  other  papers,  and,  the 
court  having  decided  to  sit  with  open  doors,  the  doors  were  opened. 

Commander  L M ,   U.   S.   Navy;      Lieut.   N 

O ,  U.  S.  Navy;    and  Ensign  P Q ,  U.  S.  Navy, 

appeared  before  the  court. 

The  precept  and  accompanying  papers  hereto  appended,  marked 

" ,"  '' /'  and  ^' ,"  were  read  by  the  judge-advocate,  and 

each  of  the  above-named  officers  stated  that  he  did  not  object  to  any 
member. 

Challenge.— In  case  of  challenge  proceed  as  laid  down  in  the  form  for  general  courts- 
martial. 

The  members  and  judge-advocate  were  duly  sworn. 

Oaths.— The  forms  of  oaths  are  the  same  as  those  under  ordinary  courts  of  inquiry. 

The  court  then  took  a  recess  until  2  o'clock  p.  m.,  when  it  recon- 
vened on  board  the  U.  S.  S. .     Present:   All  the  members  and 

the  judge-advocate. 

All  the  (surviving)  officers  and  men  of  the  U.  S.  S.  having 

been  mustered  on  the  quarter-deck  of  that  vessel,  the  president 
explained  the  purpose  of  the  court  and  the  rights  of  all  persons  con- 
cerned and  duly  administered  to  them  the  oath  of  witnesses. 

Var.  and  duly  administered  to  them  the  oath  of  witnesses, 

except  to and ,  who  were  absent  from  the  vessel  (here 

give  reason) . 

The  official  report  of  Commander  L M ,  U.  S.  Navy, 

containing  the  narrative  of  the  grounding  of  the  U.  S.  S. ,  on 

August  — ,   19 — ,  was   then  read   by  the  judge-advocate;  original 

hereto  appended,  marked  " ." 

199 


200  PROCEEDINGS  OF  A  COURT  OF  INQUIRY. 

The  following  questions  were  then  put  to  the  commanding  officer 
by  the  court : 

Q.  Is  the  narrative  just  read  to  the  court  a  true  statement  of  the 
grounding  (loss)  of  the ,  on  August  — ,  19 — ? 

A        't*        'J*        H* 

Q.  Have  you  any  complaint  to  make  against  any  of  the  officers  or 
men  of  said  vessel  on  said  occasion  ? 

A  'I*  'T*  *!* 

The  following  questions  then  put  by  the  court  to  the  (surviving) 
officers  and  crew  of  the  said  vessel,  and  they  were  instructed  by  the 
president  that  if  they  had  anything  to  say  in  answer  to  the  questions 
propounded  they  should  step  to  the  front. 

Q.  Have  you  any  objection  to  make  to  the  narrative  just  read,  or 
anything  to  lay  to  the  charge  of  any  officer  or  man  concerning  the 
grounding  (loss)  of  the ,  on  August  — ,  19 — ? 

A,  The  officers  and  men  answered  '  ^  No ' '  and  nobody  stepped  to  the 
front  (or  as  the  case  may  be). 

All  the  officers  and  such  of  the  crew  as  filled  positions  of  special 
responsibility  on  the  occasion  referred  to  were  informed  by  the  presi- 
dent that  they  have  the  right  to  be  present  during  the  sessions  of  the 
court  to  offer  evidence  and  cross-examine  witnesses  if  they  so  desire. 

The  court  then,  at  3.40  p.  m.,  took  a  recess  to  meet  at  4  p.  m.,  at 
which  time  it  reconvened  at  the  navy-yard,  New  York  (or,  as  the  case 
may  be). 

Present:       All    the    members,    the    judge-advocate,    Commander 

L M ,  Lieut.  N O ,  and  Ensign  P 

Q ,  U.  S.  Navy. 

The  court  then,  at  4.05  p.  m.,  adjourned  until  10  a.  in.  to-morrow, 
the  —  instant. 


SECOND   DAY. 

Navy- Yard,  New  York, 

Saturday,  Novemher  — ,  19 — . 

The  court  met  at  10  a.  m. 

Present:       All    the    members,    the   judge-advocate,    Commander 

L M ,  Lieut.  N O ,  and  Ensign  P 

Q ,  U.  S.  Navy. 

The  record  of  proceedings  of  yesterday  was  read  and  approved. 

The  (surviving)  officers  and  men  of  the  U.  S.  S. ,  who  were 

absent  yesterday,  were  called  before  the  court  and  duly  sworn ;  the 
above  questions  were  propounded  and  the  same  instructions  given, 
and  no  one  had  anything  to  urge  (or  as  the  case  may  be.) 


PROCEEDINGS  OF  A  COURT  OF  INQUIRY.  201 

The  officers  and  men  then  before  the  court  were  informed  of  their 
right  to  be  present  during  the  sessions  of  the  court,  to  offer  evidence, 
and  to  cross-examine  witnesses  if  they  so  desired. 

Commander  L M ,  U.  S.  Navy,  was  called  as  a  witness, 

and,  after  being  duly  sworn,  testified  as  follows: 
Examined  by  the  judge-advocate: 

*  *               *                 *               *  *  ♦ 
Examined  by  Lieut.  N O ,  U.  S.  Navy: 

*  *               *                 *               *  *  * 
Examined  by  Ensign  P Q ,  IT.  S.  Navy: 

Examined  by  the  court : 

:(:  *  4:  *  *  :ic  ^i: 

The  witness  verified  his  testimony,  and  then  resumed  his  seat  as  an 
interested  party. 

Verification  of  testimony.— The  procedure  under  general  courts-martial,  so  far  as  it 
relates  to  the  various  methods  of  entering  on  the  record  the  fact  that  the  witness  has 
pronounced  the  testimony  as  recorded  correct,  is  applicable  to  courts  of  inquiry. 

At  this  point  it  appeared  to  the  court  that  Lieut.  R S , 

U.  S.  Navy,  was  an  interested  party.  He  was  accordingly  called 
before  the  court,  so  advised,  and,  after  stating  that  he  did  not  object 
to  any  member,  was  informed  of  liis  right  to  be  present,  to  offer  evi- 
dence, and  to  cross-examine  witnesses  if  he  so  desired. 

The  court  then,  at  —  p.  m.,  adjourned  until  10  a.  m.  Monday, 
the  —  instant. 


THIRD  DAY. 

Navy- Yard,  New  York, 
Monday,  November  — ,  19 — . 
The  court  met  at  10  a.  m. 

Present:  All  the  members,  the  judge-advocate,  and  the  parties  to 
the  inquiry.  The  record  of  proceedings  of  Saturday  was  read  and 
approved. 

Lieut.  C S ,  U.  S.  Navy,  was  called  as  a  witness  by 

Ensign  P Q ,  U.  S.  Navy,  and,  being  duly  sworn,  testi- 
fied as  follows: 

Examined  by  Ensign  P Q : 

******* 

Examined  by  the  judge-advocate: 

3|*  t*  *i>  •(*  *f*  5p  T* 

Examined  by  Commander  L M : 

******* 

The  court  and  Lieut.  N O had  no  questions  to  ask 

this  witness. 

The  witness  verified  his  testimony,  etc. 


202  PROCEEDINGS  OF  A  COURT  OF  INQUIRY. 

There  were  no  more  witnesses  to  call. 

Commander    Ij M and    Lieut.    R — 


U.  S.  Navy,  each  submitted  a  written  statement,  which  statements 

were  read  and  hereto  appended,  marked  ''— — "  and  " ." 

The  judge-advocate  then  read  his  reply,  hereto  appended,  marked 


Oral  statements.— If  a  stenographer  is  employed  these  statements  may  be  made 
orally. 

All  the  evidence  being  before  the  court,  and  there  being  nothing 
further  to  offer,  the  court  was  cleared  and,  after  maturely  deliberating 
on  the  evidence  adduced,  finds  as  follows:  (Here  insert  the  findings 
of  the  court.) 

Findings.— When  a  court  is  required  to  report  facts,  it  is  not  to  be  understood  that 
the  bare  record  of  the  testimony  is  meant  but  also  the  result  and  conclusion  of  the 
court  from  hearing  the  evidence. 

Opinion.— The  court  shall,  if  so  directed,  give  an  opinion  on  the  merits  of  the  case, 
apd  the  propriety  or  expediency,  or  otherwise,  of  further  action. 

The  court  is  of  the  opinion  (here  insert  opinion). 

The  court  is  also  of  opinion  that  further  proceedings  should  be  had 

in  the  case  of  Commander  L M ,  U.  S.  Navy,  as  follows : 

(Here  insert  definitely  the  grounds  upon  which  further  proceedings 
should  be  had,  and  also  what  proceedings  are  recommended,  whether 
general  court-martial,  letter  of  reprimand,  etc.) 

Minority  report.— Here  insert  minority  report  if  there  be  one. 

The  court  then,  at  3  p.  m.,  adjourned  until  10  a.  m.  to-morrow, 
the  —  instant. 


FOURTH  DAY. 

Navy- Yard,  New  York, 
Tuesday,  November  — ,  19 — . 
The  court  met  at  10  a.  m. 

Present:  All  the  members  and  the  judge-advocate. 
The  record  of  proceedings  of  Monday  was  read  and  approved,  the 
court  being  closed  during  the  reading  of  so  much  thereof  as  pertains 
to  the  proceedings  in  closed  court. 

A B.  C , 

Oaptain,  V.  S.  Navy,  President. 

T T.  W , 

Lieutenant,  TJ.  S.  Navy,  Judge- Advocate. 
The  court  having  finished  the  inquiry,  then  at  —  p.  m.  adjourned 
to  await  the  action  of  the  convening  authority. 

A B.  C , 

Captain,  TJ.  8.  Navy,  President. 

T T.  W , 

Lieutenxint,  TJ.  S.  Navy,  Judge- Advocate. 


PROCEEDINGS   OF   A   COURT   OF   INQUIRY.  203 

Precept  for  court  of  inquiry. 


To  Capt.  A B ,  U.  S.  Navy, 

Navy  Yard,  — 


A  court  of  inquiry,  consisting  of  yourself  as  president,  of  Commander  C- 


D and  Paymaster  E F ,  U.  S.  Navy,  as  additional  members,  and 

of  First  Lieut.  G H ,  U.  S.  Marine  Corps,  as  judge-advocate,  is  hereby 

ordered  to  convene  at  the  navy-yard,  Norfolk,  Va,,  at  10  o'clock  a.  m.,  on  Tuesday, 

the day  of  October,  19 — ,  or  as  soon  thereafter  as  practicable,  for  the  purpose  of 

inquiring  into (here  insert  object  of  inquiry). 

Upon  the  conclusion  of  the  investigation  the  court  will  report  its  proceedings  and 
the  testimony  taken,  with  a  full  statement  of  all  the  facts  which  it  may  deem  to  be 
established  by  the  evidence  adduced,  together  with  its  opinion  as  to  what  further 
proceedings,  if  any,  should  be  had  in  the  matter. 

If  the  court  shall  be  of  the  opinion  that  further  proceedings  should  be  had  in  the 
matter,  it  will  include  in  its  report  a  succinct  statement  as  to  the  person  or  persons 
against  whom,  and  the  specific  matter  upon  which,  such  proceedings  should  be  had. 

This  employment  on  shore  duty  is  required  by  the  public  interests. 

W M.  W , 

Secretary  of  the  Navy. 


Precept  for  court  of  inquiry  to  inquire  into  tlie  grounding  of  a 

vessel. 

To  Capt.  A B.  C ,  U.  S.  Navy, 

Commanding  U.  S.  S.  Colorado,  Navy-  Yard,  Mare  Island,  Col.: 
A  court  of  inquiry,  consisting  of  yourself  as  president,  and  of  Commander  D 


E.  F and  G H.  K ,  U.  S.  Navy,  as  additional  members,  and  of 

Lieut.  T T.  W ,  U.  S.  Navy,  as  judge-advocate,  is  hereby  ordered  to 

convene  at  the  navy-yard,  Mare  Island,  Cal.,  at  10  o'clock  a.  m.,  on  Friday,  the  1st 
day  of  November,  19 — ,  or  as  soon  thereafter  as  practicable,  for  the  purpose  of  inquiring 

into  the  circumstances  connected  with  the  grounding  of  the  U.  S.  S. ,  near  St. 

Paul  Island,  Pribilof  Group,  Bering  Sea,  Alaska,  on  the  afternoon  of  the  5th  day  of 
August,  19 — . 

The  attention  of  the  court  is  invited  to  the  instructions  concerning  the  particulars 
to  be  investigated  in  the  case  of  the  loss  or  grounding  of  a  ship  of  the  navy,  contained 
in  the  United  States  Navy  Regulations. 

The  following-described  papers  relating  to  the  grounding  of  the  U.  S.  S. on 

the  occasion  referred  to  are  attached  to  and  made  a  part  of  this  precept: 

Letter  dated  August  — ,  19—,  from  Commander  C E.  C ,  U.  S.  Navy, 

reporting . 

Letter  dated  August  — ,  19 — ,  from  Commander  L- M ,  U.  S.  Navy, 

reporting . 

Coast  Survey  Chart  No.  — ,  being  the  same  as  that  used  in  navigating  the  ship  on 
August  — ,  19 — . 

Extract  from  the  ship's  log  for  the  period  beginning and  ending —. 

The  court  will  diligently  and  thoroughly  inquire  into  all  the  circumstances  attend- 
ing the  grounding  of  the  said  vessel  on  the  date  named,  and  upon  the  conclusion  of 
the  investigation  will  report  to  the  Department  its  proceedings,  all  the  testimony  taken, 
and  the  facts  which  it  may  deem  to  be  established  by  the  evidence  adduced,  together 
with  its  opinion  as  to  what  further  proceedings,  if  any,  should  be  had  in  the  matter. 

The  court  will  also  report  whether  or  not  the  grounding  of  said  vessel  was,  on  the 
occasion  named,  in  any  respect  due  to  fault  or  negligence  on  the  part  of  any  of  the 


204  PROCEEDINGS  OF  A  COURT  OF  INQUIRY. 

officers  or  members  of  the  crew  of  said  vessel,  and  if  so,  the  names  of  such  officers  or 
members  of  the  crew  and  in  what  respect  and  to  what  extent  any  or  cither  of  them 
were  so  at  fault  or  negligent. 

If  the  court  shall  be  of  opinion  that  further  proceedings  should  be  had  in  the  mat- 
ter, it  will  include  in  its  report  a  succinct  statement  as  to  the  person  or  persons 
against  whom,  and  the  specific  matter  upon  which,  such  proceedings  should  be  had. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 

W M.  W , 

Secretary  of  the  Navy. 


Letter  to  tlie  president  of  the  court. 

Navy  Department, 
Washington,  September  — ,  19 — . 

Sir:  Referring  to  the  Department's  precept  of  this  date,  ordering  a  court  of  inquiry, 
of  which  you  are  president,  to  convene  at  the  navy-yard.  Mare  Island,  Cal.,  on  Friday, 

the instant,  for  the  purpose  of  inquiring  into  the  circumstances  connected  with 

the  grounding  of  the  U.  S.  S.  ,  near  St.  Paul  Island,  Pribilof  Group,  Bering 

Sea,  Alaska,  I  have  to  advise  you  that  Commander  A R.  X ,  U.  S.  Navy, 

commanding  the ,  and  Lieut.  S P.  0 ,  U.  S.  Navy,  the  executive 

officer,  and  Lieut.  C R.  Y ,  U.  S.  Navy,  the  navigator  of  that  vessel, 

have  been  informed  of  their  right  to  be  present  during  the  investigation,  to  cross- 
examine  witnesses,  and  offer  such  evidence  as  they  may  desire. 

If,  during  the  progress  of  the  investigation,  it  shall  appear  that  others  than  those 
mentioned  are  entitled  to  appear  as  defendants,  they  will  be  called  before  the  court 
and  informed  of  their  right  to  be  present  and  cross-examine  witnesses,  and  offer 
evidence  before  the  court  should  they  desire  to  do  so. 

As  the  court  has  been  directed  to  report  whether  or  not  the  grounding  of  the  U.  S.  S. 

was  in  any  respect  due  to  the  fault  or  negligence  on  the  part  of  any  of  the 

officers  or  crew  of  said  vessel,  etc.,  you  will  inform  the  officers,  and  such  of  the  crew 
as  may  have  filled  positions  of  special  responsibility  upon  the  occasion  referred  to, 
that  they  have  the  same  right  to  be  present  during  the  sessions  of  the  court,  to  offer 
evidence,  and  cross-examine  witnesses,  if  they  so  desire. 

W M.  W , 


Secretary  of  the  Navy. 


Capt.  A— B.  C ,  U.  S.  Navy, 

Commanding  U.  S.  S.  Colorado,  Navy-  Yard,  Mare  Island,  Cal. 


Letter  to  party  to  Inquiry. 

Navy  Department, 
Washington,  September  — ,  19 — . 
Sir:  A  court  of  inquiry,  of  which  Capt.  A B.  C ,  U.  S.  Navy,  is  presi- 
dent, has  been  ordered  to  convene  at  the  navy-yard.  Mare  Island,  Cal.,  at  10  o'clock 
a.  m.,  on  Friday,  the  —  day  of  November,  19 — ,  for  the  purpose  of  inquiring  into 

the  circumstances  connected  with  the  grounding  of  the  U.  S.  S.  ,  near  St. 

Paul  Island,  Pribilof  Group,  Bering  Sea,  Alaska,  on  the  afternoon  of  the  —  day  of 
August,  19—. 


PROCEEDINGS  OF  A  COURT  OF  INQUIRY.  205 

You  have  the  right  to  be  present  during  the  investigation,  to  cross-examine  wit- 
nesses, and  offer  evidence  before  the  court,  should  you  desire  to  do  so. 

W M.  W , 

Secretary  of  the  Navy. 

Commander  A R.  X ,  U.  S.  Navy, 

U.  S.  S. ,  Navy-  Yard,  Mare  Island,  Cal. 


Letter  to  coinniandaiit  of  navy-yard  informing  him  of  order- 
ing of  court. 

Navy  Department, 
Washington,  September  — ,  19 — . 
Sir:  A  court  of  inquiry,  of  which  Capt.  A B.  C ,  U.  S.  Navy,  is  presi- 
dent, has  been  ordered  to  convene  at  the  navy-yard  under  your  command,  at  10 
o'clock  a.  m.,  on  Friday,  the  —  day  of  November,  19 — ,  for  the  purpose  of  inquiring 

into  the  circumstances  connected  with  the  grounding  of  the  U.  S,  S,  ,  near 

St.  Paul  Island,  Pribilof  Group,  Bering  Sea,  Alaska,  August  — ,  19 — . 

You  will  detail,  from  among  the  civil  employees  or  enlisted  men  under  your  com- 
mand, such  clerical  assistance  as  may  be  required  by  the  judge-advocate  in  recording 
the  proceedings  of  the  court. 

W M.  W , 

Secretary  of  the  Navy. 
The  Commandant, 

Navy-  Yard,  Mare  Island,  Cal. 


INVESTIGATIONS. 


20^ 


RECORD  OF  PROCEEDINGS 

OF  AN 

INVESTIGATION 

CONDUCTED  AT 

THE   NAVY-YARD,  NEW    YORK, 

BY  ORDER  OF 

THE  SECRETARY  OF  THE  NAVY 

TO  INQUIRE  INTO 


May  3,  19—. 

8483—10 14  209 


FIRST  DAY. 

Navy- Yard,  New  York, 

10  a.m.,  Monday,  May  3,  19 — . 

The  investigating  officer,  Mr.  A B ,  administered  the 

oath  prescribed  by  U.  S.  Navy^  Regulations,  to  Mr.  C D , 

the  stenographer,  who  then  took  his  seat  as  such. 

Section  183,  R.  S.,  as  amended.— "Anj^  officer  or  clerk  of  any  of  the  departments 
lawfully  detailed  to  investigate  frauds  on,  or  attempts  to  defraud,  the  Government,  or 
any  irregularity  or  misconduct  of  any  officer  or  agent  of  the  United  States,  and  any 
officer  of  the  anny  detailed  to  conduct  an  investigation,  and  the  recorder,  and,  if  there 
be  none,  the  presiding  officer  of  any  military  board  appointed  for  such  purpose,  shall 
have  authority  to  administer  an  oath  to  any  witness  attending  to  testify  or  depose  in 
the  course  of  such  investigation." 

Naval  officer  not  authorized.— The  foregoing  section  does  not  authorize  an  officer  of 
the  navy  to  conduct  an  investigation  of  this  character. 

The  investigating  officer  called  before  him  Civil  Engineer 


,  U.  S.  Navy,  and  Quarterman and  announced 

that  the  investigation  would  be  conducted  with  open  doors. 

The  investigating  officer  then  read  the  order  directing  him  to  make 
the  investigation,  and  the  other  papers  transmitted  to  him  by  the 
Department,  which  are  hereto  appended,  marked  ''  — "  and  '' — ." 

Civil  Engineer and  Quarterman were 

then  asked  if  they  desired  to  be  present  during  the  investigation 
and  be  represented  by  counsel. 

They  botli  replied  in  the  negative. 

Var.  Quarterman  desired  to  be  represented  by 

counsel,  and  his  request  being  granted  Mr.  O R —  entered 

and  took  his  seat  as  such. 

W B.  C was  called  as  a  witness  and,   after  being 

duly  sworn  by  the  investigating  officer,  testified  as  follows:  (Exam- 
ination conducted  in  the  same  manner  as  in  court  of  inquiry.) 

Oath  administered  to  witness.— You,  A B ,  do  solemnly  swear  {or  affirm) 

that  the  testimony  you  shall  give  in  the  matter  of now  in  hearing,  shall  be  the 

truth,  the  whole  truth,  and  nothing  but  the  truth,  so  help  you  God  {or,  this  you  do 
under  the  pains  and  penalties  of  perjury). 

Ri?ht  of  parties.— The  parties  to  the  investigation  have  the  same  right  to  introduce 
evidence  and  cross-examine  witnesses  as  the  accused  in  a  court-martial  or  the  defendant 
in  a  court  of  inquiry,  and  the  procedure  is  as  outlined  under  those  heads. 

211 


212  PROCEEDINGS   OF   AN   INVESTIGATION. 

The  investigating  officer  and  the  parties  to  the  investigation  had 

no   further   witnesses   to   call   and   nothing   further   to   offer.     The 

investigating  officer  announced  that  the  investigation  was  closed. 

After  full  and  mature  deliberation,  the  investigating  officer  finds 

as  follows:     (Here  insert  finding  at  length.) 

A B , 

Investigating  Officer, 
,  Navy  Department. 


Letter  to  Investigating  officer. 

Navy  Department, 
Washington,  May ,  19 — . 

Sir:  Under  the  authority  of  section  183  of  the  Revised  Statutes,  as  amended  by 
the  act  of  March  2,  1901,  you  are  hereby  detailed  to  investigate  certain  charges  pre- 
ferred against  A W.  L ,  quarterman  in  charge  of  mechanics,  department 

of  construction  and  repair,  navy-yard,  New  York,  which  charges  are  contained  in 

a  letter  dated  May  ,  19 — ,  from  W M ,  foreman  of  construction 

and  repair,  and  in  the  papers  inclosed  in  said  letter,  herewith  transmitted. 

In  accordance  with  the  provisions  of  the  statute  above  mentioned,  you  are  given 
authority  to  administer  an  oath  to  any  witness  attending  to  testify  or  depose  during 
the  course  of  the  investigation,  and  you  are  also  authorized  to  employ  a  stenographer 
to  assist  you  in  the  work,  at  the  usual  rate  of  compensation  for  such  services,  to  be 
agreed  upon  in  writing  before  any  services  are  rendered.  This  agreement  will  con- 
tain a  separate  clause  embracing  the  copying  of  such  matter  as  may  not  be  taken 
stenographically.  Should  it  appear  at  any  time  subsequent  to  the  making  of  the 
original  agreement  that  service  other  than  that  specified  therein  is  necessary,  a  new 
agreement  in  writing  shall  at  once  be  made  concerning  the  additional  service. 

You  will  notify  Quarterman  L of  the  nature  of  the  charges  against  him,  notify 

him  that  he  may  be  present  during  the  examination  of  witnesses,  and  give  him  an 
opportunity  to  introduce  such  witnesses  and  to  make  such  statement  as  he  may  desire. 

Civil  Engineer  R X.  Y ,  U.  S.  Navy,  who  is  on  duty  at  the  navy- 
yard.  New  York,  has  been  advised  of  these  instructions  and  informed  that  if  he  wishes 
to  be  present  during  the  examination,  or  to  suggest  the  calling  of  witnesses,  you  will 
afford  him  the  opportunity  to  do  so. 

You  will  make  a  careful  and  thorough  examination  into  all  the  matters  set  forth  in 
the  papers  above  mentioned,  and  upon  the  completion  of  the  investigation  you  will 
report  to  the  Department  the  testimony  taken  and  the  facts  established  thereby, 
together  with  your  conclusion  concerning  such  facts. 

The  commandant  of  the  navy-yard,  New  York,  has  been  instructed  to  afford  you 
such  facilities  as  may  be  necessary  to  the  proper  conduct  of  the  investigation. 
Very  respectfully, 

W M.  W , 

Secretary  of  the  Navy. 

Mr.  A B , 

,  Navy  Department,  Washington,  D.  C. 


BOARD  OF  INVESTIGATION. 


213 


RECORD  OF  PROCEEDINGS 

OF    A 

Board  of  Investigation 

CONVENED    AT 

THE  NAVY  YARD,  NEW  YORK, 

BY   ORDER   OF 

THB  COMMANDANT,  NAVY-YARD  AND  STATION,  NEW  YORK, 

{or,  the  Commander  in  Chief,  U.  S.  Atlantic  Fleet) 
{or,  the  Commanding  Officer,  U.  S.  S. ,  senior  officer  present) 

TO    INQUIRE    INTO 


May  — ,  19—. 

215 


FIRST  DAY. 

Navy- Yard,  New  York, 

Monday,  May  — ,  19 — . 
The  board  met  at  10  a.  m. 
Present : 

Commander  G H ,  U.  S.  Navy,  senior  member; 

Lieut.  I K ,  U.  S.  Navy,  member;  and 

Ensign  Jj M ,  U.  S.  Navy,  member  and  recorder. 

The  convening  order,  hereto  prefixed  marked,  '* ,"  was  read 

and  the  board  decided  upon  its  procedure. 

Quarterman  A B was  called  and  the  senior  member 

informed  him  of  the  instructions  to  the  board,  and  further  informed 
him  that  in  view  of  the  fact  that  certain  reports  against  him  are  to 
be  investigated,  that  he  has  the  right  to  be  present  to  cross-examine 
witnesses  and  present  such  evidence  as  he  may  desire. 

Foreman  N O was  called  and  similarly  instructed. 

Mr.  X Y was  called  as  a  witness  and  was  examined 

as  follows:    (Order  of  examination  same  as  in  court  of  inquiry.) 

Oaths.— Boards  of  this  character  have  no  authority  to  administer  oaths,  and  they  can 
therefore  only  record  the  declarations  of  witnesses. 
The  procedure  of  courts  of  inquiry  will  be  followed. 

There  were  no  further  declarations  to  be  introduced  by  the  board, 
by  the  complainant,  or  by  the  defendant,  and  the  two  latter  were 
then  excused  from  further  attendance. 

The  board,  after  maturely  deliberating  upon  the  declarations  above 
recorded,  finds  the  following  facts  to  be  established:  (Here  state 
them  as  fully,  clearly,  and  concisely  as  possible.) 

G H , 

Commander,  U.  S.  Navy,  Senior  Member. 

I K — , 

Lieutenant,  U.  S.  Navy,  Member. 

L M , 

Ensign,  U.  S.  Navy,  Member  and  Recorder. 

opinion  of  board.— When  required  by  the  order,  the  board  will  give  its  opinion  on. 
the  merits  of  the  case.  The  opinion  should  be  recorded  immediately  after  the  facts 
which  have  been  established. 

217 


218  proceedings  of  a  board  of  tnvesttgatton. 

action  of  convening  authority. 

Navy- Yard,  New  York, 

May  — ,  19—. 
The  proceedings  and  findings  (and  opinion,  if  any)  of  the  board  in 
the  foregoing  case  are  approved  and  respectfully   referred   to   the 
Secretary  of  the  Navy. 


Rear- Admiral,  U.  S.  Navy, 

Commandant,  Navy-  Yard  and  Station. 

Var.  The  proceedings  and  findings  (and  opinion,  if  any)  of  the 

board  in  the  foregoing  case  are  disapproved  for  the  following  reason 

(give  fully),  and  the  papers  in  the  case  are  respectfully  referred  to 

th%  Secretary  of  the  Navy. 


Form  of  order  for  board  of  investigation. 

Navv-Yari),  New  York, 
April  — ,  19- 
Sir:  a  board  consisting  of  yourself  as  senior  member,  and  of  Lieut.  I — — —  X- 


and  Ensign  L M ,  U.  S.  Navy,  as  additional  members,  and  of  Ensign 

N 0 ,  U.  S.  Navy,  as  recorder,  will  convene  at  the  navy-yard,  New  York, 

at  10  o'clock  a.  m.,  on  Monday,  May  — ,  19—,  for  the  purpose  of  inquiring  into  and 

reporting  upon  the  allegations  contained  in  a  report  made  against  A B , 

quarterman  attached  to  this  yard,  by  N O ,  foreman  of  construction  and 

repair,  and  in  the  papers  inclosed  in  said  report  herewith  transmitted. 

You  will  make  a  careful  and  thorough  examination  into  all  the  matters  set  forth 
in  the  papers  above  referred  to,  and  upon  the  conclusion  of  the  investigation  will 
report  the  testimony  taken  and  all  the  facts  established  thereby  (together  with  your 
conclusions  covering  such  facts). 

C D , 

Rear- Admiral,  U.  S.  Navy, 
Commandant,  Navy-Yard  and  Station. 

Commander  G H ,  U.  S.  Navy, 

Navy-Yard,  New  York. 


BOARD  OF  INQUEST. 


219 


RECORD  OF  PROCEEDINGS 

OF    A 

Board  of  Inquest 

CONVENED 

ON    BOARD   THE    U.  S.  S.  NEW   YORK, 

BY    ORDER    OF 

CAPT.  T R.  S ,  U.  S.  NAVY. 

Senior  Officer  Present, 

IN   THE    CASE    OF 

A B ,  seaman,  U.  S.  Navy. 

May  — ,  19—. 


221 


U.  S.  S.  New  York,  at  Sea, 
Lat. ,  Long.  — 


May ,  19—. 

Sir:  A  board,  consisting  of  yourself  as  president,  and  of  Surg.  G H • 

and  Lieut.  I K ;,  L^.  S.  Navy,  as  additional  members,  and  Ensign  L 

M ,  U.  S.  Navy,  as  recorder,  will   immediately  assemble  for  the  purpose  of 

investigating  and  reporting  upon  the  circumstances  attending  the  death  of  A 

B ,  seaman,  U.  S.  Navy,  attached  to  this  vessel. 

The  proceedings  of  the  board  will  be  conducted  in  accordance  with  the  provisions 
of  the  United  States  Navy  Regulations. 

C D , 

Captain,  U.  S.  Navy,  Commanding  U.  S.  S.  New  York, 

Senior  Officer  Present. 
Lieut.  Commander,  E F ,  U.  S.  Navy,  U.  S.  S.  New  York. 


U.  S.  S.  New  York,  at  Sea, 

Lat. ,  Long. , 

May ,  19—. 

At  a  board  of   inquest  assembled  by  the  order  hereto  prefixed, 

marked  ^' — ,"  on  the  body  of  A B ,  seaman,  U.  S.  Navy, 

found  dead. 
Present : 

Lieut.  Commander  E F ,  U.  S.  Navy,  president. 

Surg.  G H ,  U.  S.  Navy,  member. 

Lieut.  I K ,  U.  S.  Navy,  member. 

Ensign  L M ,  U.  S.  Navy,  recorder. 

The  order  convening  the  board  was  read  by  the  recorder  and  the 
board,  having  viewed  the  body,  then  took  the  following  evidence: 
— was  called  before  the  board. 

1.  Q.  State  all  you  know  about  the  death  of  A B ,  sea- 
man, U.  S.  Navy. 

A        <c        5i*        jjc 

2.  Q.  *    *    * 

A        5p         *p         *is 

The  witness  with(h-ow. 

Witnesses  summoned.  — Every  witness  who  may  be  able  to  throw  any  additional 
light  on  the  manner  or  cause  of  death  should  be  called  before  the  board  to  testify. 

223 


224  PEOCEEDINGS    OF   A   BOAKD   OF   INQUEST. 

Surg.  G H ,  U.  S.  Navy,  stated  that,  in  his  opinion,  the 

deceased  met  his  death  (here  give  cause). 
The  proceedings  closed  here. 
The  board  from  a  view  of  the  body  and  from  the  evidence  before  it 

is  of  the  opinion  that  A B ,  seaman,  U.  S.  Navy,  died  a 

natural  death  {or,  was  killed  by  ;  or,  was  drowned;  or,  was 

murdered  by  ,  or  by  some  person  or  persons  unknown;  or, 

committed  suicide  by ;  or  otherwise,  as  the  case  may  be),  and 

that  liis  death  was  (not)  occasioned  by  an  act  of  duty  in  which  he 
was  engaged  when  it  occurred. 

E F , 

Lieutenant- Commander,  U.  S.  Navy,  j^resident. 

G H , 

Surgeon,  TJ.  S.  Navy,  member. 

I K , 

Lieutenant,  TJ.  S.  Navy,  member. 

L M , 

Ensign,  TJ.  S.  Navy,  recorder. 

Form  of  approval.— The  form  of  approval,  or  other  action  of  the  convening  authority, 
will  be  such  as  is  appropriate  to  the  case. 

Revision.— The  record  may  be  returned  to  the  board  for  such  revision  as  is  thouglit 
necessary. 

Record  forwarded. —The  record  shall  be  forwarded  to  the  Secretary  of  the  Navy, 
through  the  Bureau  of  Navigation  or  the  Commandant  of  the  Marine  Corps,  as  the  case 
may  require. 


NAVAL  EXAMINING  BOARD. 


8483—10 15      •  225 


RECORD   OF   PROCEEDINGS 

OP  A 

Naval  Examining  Board 

CONVENED  AT 

{or,  on  board) 

THE  NAVY-YARD,  MARE  ISLAND,  GAL., 

(or,  the  U,  S.  S,  Minnesota) 

IN  THE  CASE  OF 

Lieut.  H C.  E ,  U.  S.  Navy, 

April  25,  19—. 


227 


Naval  Examining  Board, 

Navy- YARD,  Mare  Island,  Cal., 

May  1,19— . 
The  board  met  at  10  a.  m.,  April  25,  19 — ,  pursuant  to  an  order, 
copy  prefixed  marked  ^'A." 

Var.  pursuant  to  orders,  copies  prefixed  marked  "Al"  to 

"  A3 . "     (This  variation  is  used  when  original  members  are  detached, 
when  the  date  or  place  of  meeting  is  changed,  etc.) 

Date  of  the  proceedings.— It  must  be  carefully  noted  that  the  date  of  this  record  is 
that  of  the  day  when  the  board  reaches  its  finding  and  makes  its  recommendation.  The 
date  of  meeting  and  subsequent  intermediate  dates  are  appropriately  referred  to  in 
the  proceedings. 

Present : 

Rear-Admiral  A B.  C : 


Capt.  D E.  F ,  and 

Capt;  G H.  K ,  U.  S.  Navy,  members;  and 

Lieut.  L M.  N ,  U.  S.  Navy,  recorder. 

Lieut.  X Y.  Z ,  U.  S.  Navy,  reported  for  examination 

in  obedience  to  an  order,  copy  prefixed  marked  ''B." 

Copies  of  orders,  etc.,  certified.— A  copy  of  the  precept  and  of  every  order  ornotice 
or  the  originals  thereof,  addressed  by  the  Department  or  countersigning  officer  to  the 
board  or  to  the  candidate,  certified  by  the  recorder,  must  be  attached  to  the  record  of 
proceedings  in  the  case,  and  each  exhibit,  of  whatever  nature,  must  be  separately  desig- 
nated by  letter  or  number. 

Pliysical  examination  of  candidate  for  appointment.— The  physical  examination 
of  a  candidate  for  appointment  shall  precede  the  mental  and  professional,  and  if  he  be 
physically  unfit  he  shall  not  be  examined  otherwise.  See  also  note  preceding  variation 
6,  page  234. 

Var.  Mr.  L E.  H appeared  for  examination  under 

authority  contained  in  a  letter,  copy  prefixed  marked  "B." 

The  precept  (and  orders  altering  the  same  were)  was  read  by  the 
recorder,  and  there  was  no  objection  to  any  member. 

Var.  1.  The  candidate  objected  to  Capt.  D E.  F , 

U.  S.  Navy,  as  a  member  on  account  of  (here  state  reason). 

Captain  F replied  that  he  believed  that  (here  give  reply). 

An  extract  from  the  record  containing  the  candidate's  objection 

to  Captain  F and  the  latter's  reply  thereto  was  referred  to  the 

Secretary  of  the  Navy  (countersigning  officer). 

The  board  took  a  recess  {or  adjournment).  The  Secretary  of  the 
Navy  (countersigning  ofl&cer)  decided  that  the  candidate's  objection 

229 


230  PROCEEDINGS  OF  A  NAVAL  EXAMINING  BOARD. 

was  valid  and  relieved  Capt.  D E.  F ,  U.  S.  Navy,  who 

withdrew.     Capt.  O P.  Q ,  U.  S.  Navy,  was  detailed  as  a 

member  and  took  his  seat  as  such. 

The  letter  of  the  Secretary  (countersigning  officer)  is  appended, 
marked  " ." 

The  candidate  did  not  object  to  Captain  Q nor  to  any  other 

member. 

Var.  2.  The  Secretary  of  the  Navy  (countersigning  officer) 

decided  that  the  candidate's  objection  was  not  valid  and  declined  to 

relieve  Captain  F .    The  letter  of  the  Secretary  (countersigning 

officer)  is  appended,  marked  " ." 

There  was  no  objection  to  any  other  member. 

The  recorder  and  the  board  were  duly  sworn. 

Oath  administered  by  president  to  recorder. — You  do  solemnly  swear  (or  aflBrm) 

that  you  will  keep  a  true  record  of  the  proceedings  of  this  board  in  the  case  of , 

now  before  the  board  and  about  to  be  examined. 

Oath  administered  by  recorder  to  members.— You  and  each  of  you  solemnly  swear 
(or  affirm)  that  you  will  honestly  and  impartially  examine  and  report  upon  the  case  of 
,  now  before  the  board  and  about  to  be  examined. 

Oi^anized  and  sworn.— The  board  shall  be  duly  organized  and  sworn  in  each  case  in 
the  manner  provided  for  naval  courts-martial.    (See  procedure  general  courts-martial.) 

The  candidate  stated  that  he  was  ready  for  examination. 

Var.  that  he  was  not  ready  for  examination,  and  the  facts 

of  the  case  were  reported  to  the  Bureau  of  Navigation,  copy  of  letter 
appended,  marked  " ." 

The  board  then  conducted  the  written  examination  of  the  candidate 
as  follows: 

April  25:  Subject,  seamanship;  began  10.30  a.  m.;  ended  4.30  p.m. 

April  26:  Subject,  navigation;  began  9.10  a.  m.;  ended  4.25  p.  m. 

April  27:  Subject,  ordnance  and  gunnery;  began  9.05  a.  m.;  ended 
12.35  p.m. 

At  1.15  p.  m.,  April  27,  the  candidate  was  directed  to  report  to 
the  medical  board  for  physical  examination. 

April  27 :  Subject,  military  law;  began  2.15  p.  m.;  ended  4.30  p.  m. 
He  *  *  *  *  *  * 

The  written  examination  is  appended,  pages  —  to  — . 

Incidents  out  of  ordinary  routine.— Any  incidents  out  of  the  ordinary  routine  which 
occur  on  a  date  included  above  shall  be  appropriately  entered,  as  shown,  under  the 
proper  date,  and  the  tabulation  shall  then  continue. 

A  communication,  appended  marked  ^^C,"  was  received  from  the 
Navy  Department,  transmitting  the  papers  named  therein,  which 
were  duly  considered  by  the  board  and  which,  with  the  exception  of 

those  intended  for  the  medical  board,  are  appended  marked  '' " 

to'' ." 

Powers  of  board.- The  board  shall  have  the  power  to  take  testimony  and  to  examine 
all  matter  on  the  files  and  records  of  the  Navy  Department  relating  to  any  ot^cei  whose 
case  may  be  under  consideration. 

Marlilng  of  documents  attached  to  record.- Each  document  attached  to  the  record 
shall  be  plainly  marked  in  the  lower  right  hand  corner  of  its  first  page  for  identification. 
Documents  pertaining  to  the  organization  of  the  board  shall  be  marked  by  capital 
letters,  instruments  of  evidence  by  numbers. 


PROCEEDINGS   OF   A   NAVAL   EXAMINING   BOARD.  231 

Arrangement  of  matter  attached  to  record.— Reports  of  fitness,  answers  to  inter- 
rogatories, commendatory  letters,  letters  relating  to  indebtedness,  etc.,  shall  be  appended 
to  the  record,  all  papers  of  each  class  together  and  arranged  in  chronological  order  in  each 
class. 

Right  of  candidate  to  be  present.— Any  oflScer  whose  case  is  to  be  acted  upon  by 
such  examining  board  shall  have  the  right  to  be  present  if  he  so  desires  and  to  submit  a 
statement  of  his  case  on  oath. 

Entry  in  the  record  of  statement  of  candidate  and  testimony  of  witnesses.— The 
statement  of  such  officer,  if  any  be  made,  all  questions  propounded  to  him,  and  his 
answers  thereto,  with  the  testimony  of  all  witnesses,  shall  be  entered  in  the  record  of 
proceedings. 

The  candidate  did  not  desire  to  call  any  witnesses  in  his  behalf  nor 
to  make  any  statement. 

Var.  The  candidate  made  a  sworn  statement,  as  follows  (here 
insert  statement,  or  append  it). 

The  examination  of  the  candidate  having  been  concluded  he  was 
discharged  from  further  attendance. 

Var.  (If  the  candidate  has  not  previously  appeared  before  the 

medical  board.)    was  discharged  from  further  attendance  and 

directed  to  report  to  the  president  of  the  board  of  medical  examiners. 

Candidate  not  to  be  dischar?[ed  before  completion  of  case.— Care  shall  be  taken 
not  to  discharge  a  candidate  until  his  case  is  fully  completed.  This  applies  particularly 
to  cases  where  there  are  unfavorable  reports,  or  other  evidence.    See  variation  4,  below. 

The  board  having  deliberated  on  the  evidence  before  it,  decided 
that  the  mental,  moral,  and  professional  fitness  of  the  candidate  to 
perform  all  his  duties  at  sea  has  been  established  to  its  satisfaction. 

Evidence  to  be  considered.— The  evidence  above  referred  to  is  that  which  appears  in 
and  is  attached  to  the  record. 

We  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S.  Navy, 

has  the  mental,  moral,  and  professional  qualifications  to  perform 
efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to 
which  he  is  to  be  promoted,  and  recommend  him  for  promotion. 

A B.  C , 

Rear- Admiral,  TJ.  S.  Navy,  President 

D E.  F , 

Captain,  U.  S.  Navy,  Member. 

G H.  K , 

Captain,  TJ.  S.  Navy,  Member. 

L M.  N , 

Lieutenant,  V.  S.  Navy,  Recorder. 

signing  of  record  by  all  members.— Each  record  must  be  signed  by  every  member 
and  by  the  recorder,  and  must  show  who  of  the  members  concurred  in  and  who,  if  any, 
dissented  from  the  opinion  of  the  board. 

Record  must  show  consideration  of  unfavorable  evidence.- When  there  is  evidence 
of  an  unfavorable  nature,  the  record  must  show  affirmatively  that  the  board  fully  con- 
sidered this  unfavorable  evidence,  and  give  the  reasons  for  its  recommendation. 

Var.  1.  has  been  established  to  its  satisfaction.  In  arriv- 
ing at  its  conclusion  as  to  the  moral  fitness  of  the  candidate,  the 
board  fully  considered  the  general  court-martial  in  his  case,  dated 
January  — ,  19 — .     In  view,  however,  of  the  subsequent  good  record 


232  PROCEEDINGS  OF  A   NAVAL  EXAMINING  BOARD. 

of  the  candidate  {or,  state  other  reasons)  the  board  came  to  a  favor- 
able conclusion  as  to  his  moral  (professional)  fitness  notwithstanding 
such  evidence. 

We  hereby  certify,  etc. 

Var.  2.  The  board,  having  deliberated  on  the  evidence  before  it, 
decided  that  the  mental  and  the  moral  fitness  of  the  candidate  to  per- 
form all  his  duties  at  sea  has  been  established  to  its  satisfaction;  but 
that  owing  to  deficiency  in  the  subject  of  {or,  as  the  case  may  be),  as 
shown  by  his  written  examination  papers  hereto  appended,  his 
professional  fitness  has  not  been  so  established. 

We  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S.  Navy, 

has  the  mental  and  the  moral,  but  not  the  professional  qualifications 
to  perform  efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the 
grade  to  which  he  is  to  be  promoted  and  do  not  recommend  him  for 
promotion. 

Var.  3,  (Majority  and  minority  opinion.)     We  hereby  certify  that 

Lieut.  X Y.  Z ,  U.  S.  Navy,  has  the  mental,  moral,  and 

the  professional  qualifications  to  perform  efficiently  all  the  duties, 
both  at  sea  and  on  shore,  of  the  grade  to  which  he  is  to  be  promoted, 
and  recommend  him  for  promotion. 

A B.  C , 

Rear- Admiral,  U.  S.  Navy,  President. 

G H.  K , 

Captain,  U.  S.  Navy,  Member. 

From  an  inspection  of  the  written  examination  of  the  candidate, 
and  from  the  answers  to  interrogatories  sent  to  officers  under  whom 
the  candidate  has  served,  I  am  constrained  to  differ  with  the  majority 
of  the  board  as  to  the  professional  fitness  of  the  candidate  to  perform 
all  his  duties  at  sea. 

I  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S.  Navy,  has 

the  mental  and  moral,  but  not  the  professional  qualifications  to  per- 
form efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to 
which  he  is  to  be  promoted,  and  do  not  recommend  him  for 
promotion. 

D E.  F , 

Captain,  U.  S.  Navy,  Member. 

L M.  N— , 


Lieutenant,  U.  S.  Navy,  Recorder. 

Witnesses  to  be  examined  upon  written  Interrogatories.— Such  witnesses  as  the 
candidate  may  reasonably  request  to  have  examined  upon  written  interrogatories  regard- 
ing any  particular  matter  or  incident  touching  his  fitness  for  promotion  may  be  addressed 
by  the  Bureau  of  Navigation  to  any  officer  having  knowledge  of  the  facts.  Whenever 
such  request  is  by  the  board  deemed  unreasonable,  it  shall  be  at  once  referred  to  the 
Secretary  of  the  Navy  for  decision. 

Calllngr  of  officers  before  the  board  to  give  evidence.— Any  officer  may  be  called 
before  the  board  to  give  evidence  if  deemed  necessary. 

Officers  junior  in  ranlt  to  candidate  sliall  not  be  questioned  as  to  matter  of 
opinion.— No  inquiry  as  to  matter  of  opinion  shall  be  put  to  any  officer  who  is  junior  in 
rank  to  the  candidate  for  promotion. 

Oatli  of  witnesses. — Witnesses  before  testifying  shall  be  sworn  by  the  president  of  the 
board,  as  follows:  You  do  solemnly  swear  (or  affirm)  that  you  will  make  true  answer  to 

such  questions  as  may  be  put  to  you  in  the  case  of ,  now  under  examination 

by  the  board. 

Consideration  of  facts  wliichi  occurred  prior  to  last  examination.— Hereafter,  in 
the  examination  of  officers  of  the  navy  for  promotion,  no  fact  which  occurred  prior  to 
the  last  examination  of  the  candidate  whereby  he  was  promoted,  which  has  been  inquired 
into,  but  such  previous  examination,  if  approved,  shall  be  conclusive,  unless  such  fact 


PROCEEDINGS   OF   A   NAVAL  EXAMINING   BOARD.  233 

continuing  shows  the  unfitness  of  the  officer  to  perform  all  his  duties  at  sea.  (Act  of 
June  20,  1878.) 

Dischai^e  by  reason  of  drunkenness  or  misconduct.— Whenever  on  an  inquiry  had 
pursuant  to  law  concerning  the  fitness  of  an  officer  of  the  navy  for  promotion,  it  shall 
appear  that  such  officer  is  unfit  to  perform  at  sea  the  duties  of  the  place  to  which  it  is 
proposed  to  promote  him,  by  reason  of  drunkenness,  or  from  any  cause  arising  from  his 
own  misconduct,  and  having  been  informed  of  and  heard  upon  the  charges  against  him, 
he  shall  not  be  placed  on  the  retired  list  of  the  navy,  and  if  the  findings  of  the  board  be 
approved  by  the  President,  he  shall  be  discharged  with  not  more  than  one  year's  pay. 
(Actof  Augusts,  1882.) 

Entries  in  medical  history  to  be  investigated.— Incase  of  entries  in  the  medical 
history  of  the  candidate  or  other  accompanying  papers  indicating  moral  or  other  unfit- 
ness, the  matter  shall  be  investigated  by  the  naval  examining  board,  as  indicated  in  the 
following  variation. 

Var.  4.  The  board,  having  deliberated  on  the  evidence  before  it, 
and  having  determined  that  from  such  evidence  it  appears  -prima 
facie  that  Lieut.  X Y.  Z ,  U.  S.  Navy,  is  not  morally- 
qualified  for  promotion  by  reason  of  his  own  misconduct  (or,  drunk- 
enness; or,  over  indulgence  in  intoxicants;  or,  as  the  case  may  be), 
he  was  called  before  the  board  and  given  an  opportunity  to  be  heard 
upon  the  charges  against  him,  as  follows: 

On  October  — ,  19 — ,  he  was  under  the  influence  of  liquor  on 
board  of  the  U.  S.  S. ,  while  executive  oSicer  of  that  vessel. 

That  in  the  report  of  fitness  from  July  1,  19 — ,  to  December  31, 
19 — ,  his  commanding  officer  reported  that  he  would  object  to  having 
him  under  his  immediate  command  unless  given  satisfactory  assur- 
ance that  intoxicating  liquor  would  be  left  absolutely  alone. 

The  claim  of &  Co.,  New  York,  N.  Y.,  dated  September  — , 

19—. 

The   claim    of   H &    B ,    Brooklyn,    N.    Y.,    dated 

November  — ,  19 — . 

An  extract  from  the  medical  record  of  the  candidate,  and  particu- 
larly the  report  of  Surg.  J B.  S ,  U.  S.  Navy,  in  a  hospital 

ticket,  dated  July  — ,  19 — . 

Lieutenant    Z asked    permission    to    introduce    A 

R as  a  witness,   which  request  was  granted.     The  witness 

entered  and  was  duly  sworn. 

(Testimony  recorded  as  for  defense  in  general  court-martial.) 

Lieutenant  Z had  nothing  further  to  offer  but  made  a  sworn 

statement,  as  follows:  (Here  insert  statement  or  append  it.) 

After  the  consideration  of  his  case,  during  which  the  board  was 
cleared,  the  board  was  opened  and  the  candidate  was  discharged 
from  further  attendance. 

The  board  was  then  cleared  for  deliberation  and  decided  that  the 
mental  and  professional  fitness  of  the  candidate  to  perform  all  his 
duties  at  sea  has  been  established  to  its  satisfaction;    but  that,  by 

reason  of  drunkenness  {or,  by  reason  of ),  which  is  the  result 

of  his  own  misconduct,  his  moral  fitness  has  not  been  so  established. 

We  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S.  Navy, 

has  the  mental  and  professional,  but  not  the  moral  qualifications  to 
perform  efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the 
grade  to  which  he  is  to  be  promoted,  and  do  not  recommend  him  for 
promotion. 

Record  to  state  cause  of  candidate's  failure.— Whenever  the  board  fails  to  recom- 
mend a  candidate  for  admission,  the  record  must  similarly  state  whether  such  failure  is 
owing  to  his  mental,  moral,  or  professional  fitness  (or,  in  the  case  of  candidates  for  the 
pay  corps,  his  mental,  moral,  or  physical  fitness). 


234  PROCEEDINGS  OF  A   NAVAL  EXAMINING  BOARD. 

Var.  5.  (In  case  of  a  candidate  for  admission  to  any  staff  corps  of 
the  navy,  except  the  pay  corps.) 

The  board  having  deliberated  on  the  evidence  before  it,  found 
that  the  candidate  has  obtained  a  general  average  of  —  per  cent,  and 
decided  that  his  mental,  moral,  and  professional  qualifications  have 
been  established  to  its  satisfaction. 

We  hereby  certify  that is  mentally,  morally,  and 

professionally  qualified  for  admission  to  the  United  States  Navy  as  an 
assistant  civil  engineer  (assistant  surgeon,  or,  as  the  case  may  be), 
and  recommend  him  for  appointment. 

Physical  examination  of  a  candidate  for  the  pay  corps.— The  physical  examination 
of  a  candidate  for  assistant  paymaster  shall  be  conducted  by  a  board  of  medical  exam- 
iners, who  shall  report  the  result  thereof  to  the  examining  board  of  pay  officers,  certifying 
as  to  the  physical  qualifications  of  the  candidate,  and  such  report  shall  form  part  of  the 
record  of  the  latter  board. 

Var.  6.  (In  case  of  a  candidate  for  admission  to  the  pay  corps.) 
The  board,  having  deliberated  on  the  evidence  before  it,  found 

that  the  candidate  had  obtained  a  general  average  of  —  per  cent,  and 

decided  that  his  physical,  mental,  and  moral  qualifications  have 

been  established  to  its  satisfaction. 
We  hereby  certify  that is  physically,  mentally,  and 

morally  qualified  for  admission  to  the  U.  S.  Navy  as  an  assistant 

paymaster,  and  recommend  him  for  appointment. 


In  case  tlie  officer  to  be  examined  is  not  ordered  to  appear 

before  the  board. 

Naval  Examining  Board, 

Mills  Building, 
Washington,  May  1,  19 — . 
The  board  met  at  10  a.  m.,  April  30  19 —  (or,  this  date),  pursuant 
to  an  order,  copy  prefixed  marked  '^A.'' 
Present : 

Rear- Admiral  A B.  C , 

Rear- Admiral  D E.  F ,and 

Rear- Admiral  G H.  K ,  U.  S.  Navy,  members,  and 

Lieut.  L M.  N ,  U.  S.  Navy,  recorder. 

The  board  convened  for  consideration  of  the  case  of  Capt.  O 

P.  Q ,  U.  S.  Navy,  preliminary  to  his  promotion. 

The  precept  was  read  by  the  recorder.  The  recorder  and  the 
board  were  duly  sworn. 

A  letter  from  the  Navy  Department,  directing  the  examination  of 

Captain  Q —  on  his  record  only,  is  appended,  marked  ''B." 

A  communication,  appended,  marked ''C,"  was  received  from  the 
Navy  Department,  transmitting  the  papers  named  therein  which 
are  appended,  marked  '' "  to  '' ." 

Candidate  to  appear  personally  if  necessary.— If  the  board  deems  it  necessary,  in 
order  to  establish  the  fitness  of  the  candidate,  that  he  appear  personally  before  it,  the 
Department  shall  be  so  informed  with  the  reasons  therefor. 


PROCEEDINGS  OF  A  NAVAL  EXAMINING  BOARD.  235 

The  board  having  dehberated  on  the  evidence  before  it,  and  having 
taken  into  consideration  their  association  with  the  candidate  in  the 
navy  and  his  reputation  as  an  officer,  decided  that  his  mental,  moral, 
and  professional  fitness  to  perform  all  his  duties  at  sea  has  been 
established  to  its  satisfaction. 

We  hereby  certify  that  Capt.  O P.  Q ,  U.  S.  Navy, 

has  the  mental,  moral,  and  professional  qualifications  to  perform 
efficiently  all  the  duties,  both  at  sea  and  on  shore,  of  the  grade  to 
which  he  is  to  be  promoted,  and  recommend  him  for  promotion. 

A B.  C , 

Rear- Admiral,  U.  S.  Navy,  President, 

D E.  F , 

Rear-Admiral,  U.  S.  Navy,  Member. 

G H.  K , 

Rear-Admiral,  U.  S.  Navy,  Member, 

L M.  N , 

Lieutenant,  U.  S.  Navy,  Recorder, 


Precept. 

Navy  Department, 
Washington,  April  21,  19 — . 
Sir:  A  naval  examining  board,  for  the  examination  of  such  candidates  for  promotion 
as  may  be  directed  to  appear  before  it,  is  hereby  ordered  to  convene  at  the  Mills 

Building,  Navy  Department,  Washington,  D.  C.  {or,  the  navy-yard, ), 

on  Monday,  the  1st  day  of  May,  19 — ,  at  10  o'clock  a.  m.,  or  as  soon  thereafter  as  may 
be  practicable. 

The  board  will  consist  of  yourself  as  president,  and  of  Capt.  D E.  F , 

U.  S.  Navy,  and  Capt.  G H.  K ,  U.  S.  Navy,  as  members.     Lieut.  L 

M.  N ,  U.  S.  Navy,  will  act  as  recorder. 

The  proceedings  of  the  board  shall  be  conducted  in  accordance  with  the  provisions 
of  the  Navy  Regulations  and  the  Forms  of  Procedure  issued  by  the  Navy  Department. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 
(If  the  precept  is  prepared  in  blank,  see  note  below,  the  previous  paragraph  will 
be  omitted  and  the  following  paragraph  substituted:  This  order  will  take  effect 
when  countersigned  by  the  commander  in  chief,  U.  S.  Pacific  Fleet,  or  as  the  case 
may  be.) 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 

Rear-Admiral  A B.  C ,  U.S.  Navy, 

Commandant  Navy-  Yard  and  Station,  Washington,  D.  C. 

Precept  for  examination  abroad.— In  a  precept  for  an  examination  to  be  held  on  a 
foreign  station,  at  a  naval  station  abroad,  or  elsewhere,  as  may  be  desirable,  the  form 
above  shown  will  be  used,  leaving  blank  the  date  and  the  place  of  meeting,  and  the 
names  of  the  president,  members,  and  recorder.  This  will  be  sent  to  the  commander  in 
chief,  commander  of  squadron,  or  other  proper  officer,  with  the  following  letter: 


236  PROCEEDINGS  OF  A  KAVAL  EXAMINING  BOARD. 

Navy  Department, 
Washington,  April  21,  19 — . 
Sir:  There  is  transmitted  herewith  a  precept  in  blank  convening  a  naval  exam- 
ining board  for  the  examination  of  Commander  B E.  F ,  U.  S.  Navy, 

preliminary  to  promotion  in  conformity  with  the  provisions  of  section  1496  of  the 
Revised  Statutes. 

You  will  insert  therein  the  date  and  place  of  meeting  of  the  board,  the  names  of 
such  officers  as  you  deem  proper  to  designate  as  members  and  recorder,  and,  after 
countersigning,  forward  the  same  to  the  officer  by  you  named  as  president. 
The  board  must  consist  of  at  least  three  members  senior  in  rank  to  Commander 

F . 

Very  respectfully,  C F.  L , 


Secretary  of  the  Navy. 
The  Commander  of  the  Third  Squadron, 

U.  S.  Pacific  Fleet. 

Composition  of  board,— Boards  for  the  professional  examination  of  ofTicers  of  the 
navy  for  promotion  shall  consist  of  not  less  than  three  officers  senior  in  rank  to  the  officers 
to  be  examined,  and  they  shall,  when  practicable,  be  selected  from  the  same  corps  to 
which  the  candidate  belongs. 


Precept  for  examination  of  candidates  for  admission. 

Navy  Department, 
Washington,  April  25,  19 — , 
Sir:  A  naval  examining  board,  for  the  examination  of  such  candidates  for  admis- 
sion to  the  navy  as  assistant  paymasters  as  may  be  authorized  to  appear  before  it, 
is  hereby  ordered  to  convene  at  the  Navy  Department,  Washington,  D.  C.  {or,  the 

navy-yard, ),  on  Monday,  the  ]st  day  of  May,  19—,  at  10  o'clock  a.  m., 

or  as  soon  thereafter  as  may  be  practicable. 

The  board  will  consist  of  yourself  as  president,  and  of  Paymaster  R S.  T , 

U.  S.  Navy,  and  Paymaster  U V.  W ,  U.  S.  Navy,  as  members.     Asst. 

Paymaster  X Y.  Z ,  U.  S.  Navy,  will  act  as  recorder. 

The  proceedings  of  the  board  shall  be  conducted  in  accordance  with  the  provisions 
of  the  Navy  Regulations  and  the  forms  of  procedure  issued  by  the  Navy  Department. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

C F.  L , 

Sea-etary  of  the  Navy. 

Pay  Inspector  C B.  A ,  U.  S.  Navy, 

Navy-  Yard,  New  York,  N.  Y. 


Letter  to  candidate  for  promotion. 

Navy  Department, 
Washington,  April  25,  19 — . 
Sir:  Proceed  to  Washington,  D.  C,  and  report  to  the  president  of  the  naval  exam- 
ining board.  Mills  Building,  Navy  Department,  at  10  o'clock  a.  m.,  on  Monday, 
May  1,  19 — ,  for  the  examination  preliminary  to  promotion  required  by  section  1496 
of  the  Revised  Statutes. 

Upon  the  completion  of  this  examination,  or  when  otherwise  directed  by  proper 
authority,  report  to  the  president  of  the  naval  medical  examining  board  for  the 
examination  required  by  section  1493  of  the  Revised  Statutes. 


PROCEEDINGS   OF   A   NAVAL  EXAMINING   BOARD.  237 

When  discharged  by  both  boards,  you  will  return  to  Portsmouth,  N.  H.,  or  to  such 
port  as  the  U.  S.  S.  Chester  may  be,  and  resume  your  duties  on  board  that  vessel. 
Very  respectfully, 

C F.  L , 

Secretary  of  the  Navy. 

Lieut.  S P.  L ,  U.  S.  Navy, 

U.  S.  S.  Chester, 

Navy-  Yard,  Portsmouth,  N.  U. 


Ijetter  transmitting  matter  on  flies  and  records  of  depart- 
ment. 

Navy  Department,  Bureau  of  Navigation, 

Washington,  April  20,  19 — . 

Sir:  Lieut.  S P.  L ,  U.  S.  Navy,  having  been  ordered  to  report  to  you 

on  April  21,  19 — ,  for  examination  preliminary  to  promotion,  the  bureau,  in  accord- 
ance with  the  requirements  of  article  1635,  paragraph  2,  Navy  Regulations,  1909, 
transmits  herewith  all  matter  on  the  files  and  records  of  the  Navy  Department  which 
relates  in  any  way  to  his  fitness  for  promotion,  viz : 
One  record  of  service. 
Twenty-two  reports  on  fitness  of  oflicers. 

Copy  of  charges  and  finding  of  general  court-martial  on  board  the  U.  S.  S.  Colorado, 
dated  San  Diego,  Cal.,  October  14,  19 — ,  whereby  he  was  sentenced  to  be  publicly 
reprimanded  by  the  Secretary  of  the  Navy. 

Letter  from  Mr. ,  dated  January  5,  19 — ,  relative  to ;  the  De- 
partment's answer  thereto;   and  the  Department's  letter   to  Lieutenant  L 

regarding  the  charges  contained  in  first  mentioned  letter. 

Letter  from  Lieutenant  L in  reply  to  the  foregoing. 

One  record  of  service  and  one  medical  record  to  be  transmitted  to  the  medical 
examining  board. 

Very  respectfully,  D V.  S ,  Chief  of  Bureau. 

President  Naval  Examining  Board, 
Mills  Building,  Navy  Department, 
Washington,  D.  C. 


Record  of  the  service  of  Lieut.   S P.  I^^ ,  TJ.  S.  Navy, 

since  last  examination. 

W02,  May  1,4.  To  examination  for  promotion,  Washington,  D.  C,  June  1, 

1902,  June  10.  Commissioned  from  May  7,  19 — . 

1903,  February  17.  Detached  February  25  and  to  the  Mayflower.     Detached  25 
and  reported  27  February. 

*  ****** 

(Interrogatories,   reports  on  fitness,   and  other  papers  appended,   following  the 
written  examination.) 


BOARD  OF  MEDICAL  EXAMINERS. 


239 


RECORD   OF  PROCEEDINGS 


OF   A 


Board  of  Medical  Examiners 

CONVENED    AT 

{or,  on  board)  • 

THE  NAVY  YARD,  MARE  ISLAND,  CAL, 

{or,  the  U.  S.  S.  Minnesota) 

IN   THE    CASE    OP 

Lieut.  H C.  E— ,  U.  S.  Navy. 

April  30,  19—. 
8483—10 16  241 


Board  of  Medical  Examiners, 

Navy- Yard,  Mare  Island,  Cal., 

May  1,  19—. 
The  board  met  at  10  a.  m.,  April  30,  19 —  (or,  this  day),  pursuant 
to  an  order;  copy  prefixed,  marked  '*A." 

(See  variations  and  notes  under  Naval  Examining  Board.) 
Present : 

Medical  Inspector  C B.  A ; 

Surg.  F :  E.  D ;  and 

Passed  Asst.  Surg.  K H.  G ,  U.  S.  Navy,  mem- 
bers; and 

Asst.  Surg.  N M.  L ,  U.  S.  Navy,  recorder. 

Lieut.  X Y.  Z ,  U.  S.  Navy,  reported  for  examination 

in  obedience  to  an  order;  copy  prefixed,  marked  ''B." 

The  precept  Was  read  by  the  recorder  and  there  was  no  objection 
to  any  member. 

The  recorder  and  the  board  were  duly  sworn.  (See  procedure 
and  oaths  under  naval  examining  board.) 

The  candidate's  statement  as  to  his  physical  qualifications  is 
appended,  marked  ''C." 

Oath  as  to  statement  of  physical  condition.— The  foregoing  statement  shall  bo 
sworn  to  by  a  candidate  for  admission  but  not  by  a  candidate  for  promotion. 

The  medical  history  of  the  candidate  is  appended,  marked  ''D." 

What  medical  history  considered.— The  medical  history  of  the  candidate  since  the 
date  of  his  last  examination  for  promotion  shall  be  considered  in  connection  with  his 
physical  examination,  which  shall  relate  only  to  his  qualifications  to  perform  the  duties 
of  the  grade  to  which  he  seeks  admission  or  promotion,  and  not  those  of  any  other  grade. 

What  record  must  show.— Each  record  must  state  fully  what  physical  examination 
of  the  candidate  was  made,  and  by  whom,  and  whether  the  board  recommends  the 
candidate  for  admission  or  promotion,  as  the  ease  may  be. 

Each  member  of  the  board  then  made  a  careful  physical  examina- 
tion of  the  candidate  and  found  no  trace  of  any  ailment  or  disability 
now  existing. 

Var,  1,  examination   of    the   candidate,   giving    special 

attention  to  the  following  entries  contained  in  his  medical  history; 
viz,  febris  continua  simplex,  vulnus  punctum,  etc.,  and  found  no 
trace  of  any  ailment  or  disability  now  existing. 

Var.  2.  and  found  that  he  is  suffering  from . 

Var.  3.  Each  member  of  the  board  then  made  a  careful  physical 
examination  of  the  candidate  and  found  that  he  has  recovered  from 
the  ailment  noted  in  his  medical  record  for  the  period  since  January 
3,  19 — ;  that  he  has  lost  his  left  leg  at  the  knee;  that  such  disability 
was  occasioned  by  a  wound  received  in  the  line  of  his  duty;  and 
that  it  does  not  incapacitate  him  for  other  than  sea  duties  in  the  grade 

243 


244  PROCEEDINGS  OF  A  BOAED  OF   MEDICAL  EXAMINERS. 

to  which  he  shall  be  promoted;  that  there  is  no  other  disability  now 
existing;  and  therefore, 

We  hereby  certify  that is  physically  qualified  to  perform 

all  his  duties  except  those  at  sea,  and  recommend  him  for  promotion 
in  accordance  with  the  provisions  of  section  1494  of  the  Revised 
Statutes. 

Var.  4.  The  board  finds  that 's  wounds  were  received  in  the 

line  of  duty  and  do  not  at  present  incapacitate  him  for  other  than  his 
duty  as  a  watch  officer  at  sea.  The  board,  therefore,  in  consideration 
of  the  provisions  of  section  1494  of  the  Revised  Statutes,  recommend 
him  for  promotion. 

We  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S.  Navy, 

is  physically  qualified  to  perform  all  his  duties  at  sea,  and  recommend 
him  for  promotion. 

Var.  1.  We  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S. 

Navy,  is  not  physically  qualified  to  perform  all  his  duties  at  sea,  and 
do  not  recommend  him  for  promotion. 

Var.  2.  We  hereby  certify  that  Lieut.  X Y.  Z ,  U.  S. 

Navy,  is  not  physically  qualified  to  perform  all  his  duties  at  sea, 

owing  to ,  and  we  recommend  that  he  be  further  examined 

physically  in months  in  order  to  ascertain  the  extent  of  his 

incapacity  (or, recommend  that  he  be  ordered  before  a  retiring 

board). 

Physical  examination  before  promotion.— No  officer  shall  be  promoted  to  a  higher 
grade  on  the  active  list  of  the  navy,  except  in  the  case  provided  in  the  next  section, 
until  he  has  been  examined  by  a  board  of  naval  surgeons  and  pronounced  physically 
qualified  to  perform  all  his  duties  at  sea.    (Sec.  1493,  R.  S.) 

Physical  disability  due  to  wounds.— The  provisions  of  the  preceding  section  shall 
not  exclude  from  the  promotion  to  which  he  would  otherwise  be  regularly  entitled  any 
officer  in  whose  case  such  medical  board  may  report  that  his  physical  disqualification 
was  occasioned  by  wounds  received  in  the  line  of  his  duty,  and  that  such  wounds  do 
not  incapacitate  him  for  other  duties  in  the  grade  to  which  he  shall  be  promoted.  (Sec. 
1494,  R.  S.) 

Physical  examination  of  candidates  for  appointment.— The  following  variation 
applies  to  the  physical  examination  of  candidates  for  admission  to  all  staff  corps,  which 
examination  shall  precede  the  mental  and  professional,  and  if  the  candidate  be  physi- 
cally unfit  he  shall  not  be  examined  otherwise. 

Candidates  for  pay  corps.— In  the  case  of  candidates  for  the  pay  corps,  the  board  of 
medical  officers  shall  prepare  its  report  in  each  case  in  accordance  with  the  form  here 
given  and  shall  transmit  the  same  to  the  examining  board  of  pay  officers. 

Var.  3.  We  hereby  certify  that  Mr. is  (not)  phys- 
ically qualified  for  admission  to  the  United  States  Navy  as  an 
assistant  paymaster  (or,  assistant  surgeon;  or,  as  the  case  may  be) 
and  (do  not)  recommend  him  for  appointment. 

C B.  A -, 

Medical  Inspector,  U.  S.  Navy,  President. 

F E.  D , 

Surgeon,  U.  S.  Navy,  Member. 

K H.  G , 

Passed  Assistant  Surgeon,  U.  S.  Navy,  Member. 

N M.  L , 

Assistant  Surgeon,  U.  S.  Navy,  Recorder. 


PROCEEDINGS  OF  A  BOAED  OF  MEDICAL  EXAMINERS.  245 

Precept  for  board  of  medical  examiners. 

Navy  Department, 
Washington,  April  fO,  19 — . 
Sir:  A  board  of  medical  examiners,  to  examine  and  report  upon  the  physical  quali- 
fications of  such  candidates  for  (admission  or)  promotion  as  may  be  directed  to  appear 
before  it,  is  hereby  ordered  to  convene  at  the  navy-yard,  New  York,  N.  Y.,  on 
Thursday,  April  30,  19—,  at  10  o'clock  a.  m.,  or  as  soon  thereafter  as  practicable. 

The  board  will  be  composed  of  yourself  as  president,  and  of  Surg.  F E. 

D and  Passed  Asst.  Surg.  K H.  G ,  U.  S.  Navy,  as  members. 

Asst.  Surg.  N M.  L ,  U.  S.  Navy,  will  act  as  recorder. 

The  proceedings  of  the  board  will  be  conducted  in  accordance  with  the  provisions 
of  the  Navy  Regulations  and  the  Forms  of  Procedure  issued  by  the  Navy  Depart- 
ment. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

C F.  L , 

Secretary  of  the  Navy. 

Medical  Inspector  C B.  A — ,  U.  S.  Navy, 

Navy-  Yard,  New  York,  N.  Y. 

Precept  in  blank,  etc.— For  precept  in  blank  for  examination  on  foreign  station,  etc., 
letter  transmitting  same,  letter  to  candidate,  etc.,  see  Naval  Examining  Board. 

Board  of  one  officer.— In  cases  of  urgent  necessity  the  board  may  be  composed  of  a 
single  medical  officer,  in  which  case  the  oath  should  be  administered  by  an  oflBcer  or 
other  person  lawfully  authorized  to  perform  that  act. 


Certificate  of  candidate. 

Board  op  Medical  Examiners, 

Navy- Yard,  New  York,  N.  Y., 

April  30,  19—. 
I  hereby  certify  that  I  am,  to  the  best  of  my  knowledge  and  belief,  physically 
qualified  to  perform  all  the  duties  at  sea  in  the  grade  for  which  I  am  a  candidate 
for  promotion  (or  appointment),  and  that  I  am  at  present  free  from  all  bodily  ail- 
ments. 

(In  the  case  of  a  candidate  for  admission,  add  the  following:) 

I  was  born  at , County,  in  the  State  of ,  on  the day  of 

,  in  the  year ,  and  am  at  this  time  a  legal  resident  of  the  State  of . 

My  home  address  is  352  State  Street,  Columbus,  Ohio. 

My  local  address  is  1422  Washington  Avenue,  Washington,  D.  C. 

William  Robert  Anderson,  M.  D. 

Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  19 — . 

C B.  A , 

Medical  Inspector,  U.  S.  Navy,  President  Board  of  Medical  Examiners. 

Meaning  of  certificate.- The  above  certificate  is  not  a  mere  matter  of  form,  and, 
regardless  of  whether  an  officer  has  been  doing  duty  or  not,  it  is  intended  to  be  the  can- 
didate's statement  that  he  has  no  physical  ailment  whatever  of  any  kind. 


246  PROCEEDINGS  OF  A  BOARD  OF   MEDICAL  EXAMINEES. 

Medical  history  of  candidate. 

Navy  Department, 
Bureau  of  Medicine  and  Surgery, 

Washington,  April  15,  19- 
Medical  record  of  Lieut.  X Y.  Z ,  U.  8.  Navy,  since  September  S,  19- 


L.  R- 


Surgeon-General  U.  S.  Navy. 


NAVAL  RETIRING  BOARD. 


247 


RECORD  OF  PROCEEDINGS 

OP   A 

Naval  Retiring  Board 

CONVENED    AT 

THE  MILLS  BUILDING,  NAVY  DEPARTMENT, 
WASHINGTON,  D.  C., 

IN   THE   CASE   OP 

Capt.  Q R.  S ,  U.  S.  Navy. 

March  9,  19—. 


249 


Naval  Retiring  Board, 
Mills  Building,  Navy  Department, 

Washington,  March  10,  19 — . 
The  board  met  at  10  a.  m.,  March  9,  19 —  {or,  this  day),  pursuant 
to  an  order;  copy  prefixed,  marked  ''A." 

Var. pursuant  to  orders.copies  prefixed  marked  **A1"  to 

"A3."     (This  variation  is  used  when  original  members  are  detached, 
when  the  date  or  place  of  meeting  is  changed,  etc.) 

Present : 

Rear- Admiral  A B.  B ; 

Capt.  D —  E.  F ; 


Medical  Director  R S.  T- 


Capt.  G H.  K ,  and 

Surg.  U V.  W ,  U.  S.  Navy;  members,  and 

Lieut.  L M.  N ,  U.  S.  Navy,  recorder. 

Capt.  Q R.  S ,  U.  S.  Navy,  reported  in  obedience  to 

an  order;  copy  prefixed,  marked  *^B." 

The  precept  was  read  by  the  recorder  and  there  was  no  objection 
to  any  member. 

(See  variations,  notes,  and  oaths  under  ''Naval  examining  boards.") 
The  recorder  and  the  board  were  duly  sworn. 
A  communication,  appended,  marked  ''C,"  was  received  from  the 
Navy  Department  transmitting  the  papers  named  therein  which 

are  appended,  marked  '' "  to  '^ ;"  those  marked  " "  to 

*' ,"  inclusive,  were  read  aloud. 

Papers  to  be  read.— All  papers  having  any  bearing  on  the  physical  or  mental  condi- 
tion of  the  officer  under  examination  shall  be  read  as  above  indicated. 

Authority  of  retiring  board.— Said  retiring  board  shall  be  authorized  to  inquire  into 
and  determine  the  facts  touching  the  nature  and  occasion  of  the  disability  of  any  such 
oflScer,  and  shall  have  such  powers  of  a  court-martial  and  of  a  court  of  inquiry  as  may  be 
necessary.    (Sec.  1449,  R.  S.) 

The  medical  members  were  directed  to  examine  into  the  past 
and  present  physical  and  mental  condition  of  Captain  S — ;  let- 
ter of  instructions,  appended,  marked  '' ." 

Pending  the  physical  examination  the  board  took  a  recess  (or, 
adjourned)  in  this  case  until  2  o'clock  p.  m.,  March  9,19 —  (or,  until 
9.30  o'clock  a.  m.,  this  day),  when  it  reconvened;  present,  the 
entire  board  and  the  officer  under  examination. 

The  medical  members  submitted  a  report  which  was  sworn  to, 

read,  and  appended,  marked  '' ." 

251 


252  PROCEEDINGS   OF  A  NAVAL  RETIRING  BOARD. 

Captain  S stated  that  he  did  not  desire  to  question  the 

medical  members,  to  rebut  their  evidence,  nor  to  make  a  statement. 
He  was  then  discharged  from  further  attendance. 

Var. stated  that  he  desired  to  question  the  medical  mem- 
bers {or,  to  rebut  the  evidence  of  the  medical  members)  and  re- 
quested the  board  to  subpoena  as  witnesses  in  rebuttal  the  following- 
named  persons  (here  insert  names)  {or,  and  requested  permission  to 
make  a  sworn  statement). 

The  request  of  Captain  S was  granted  and  the  necessary 

subpoenas  issued  {or,  and  the  said  sworn  statement  is  appended, 

marked  " ."     Pending  the  arrival  of  the  witnesses  the  board 

adjourned  until . 

The  board  met  March  — ,  19 — ,  pursuant  to  adjournment  of  the 
—  instant. 

Present:  All  the  members,  the  recorder,  and  the  oflBcer  under 
examination. 

Medical  Director  C R ,  U.  S.  Navy,  a  witness  on 

the  part   of   Captain    S was   duly   sworn    and  testified    as 

follows: 

The  record  of  testimony  of  this  witness  was  read  aloud,  pronounced 
by  him  correct,  and  he  withdrew. 

(The  same  procedure  is  followed  with  regard  to  all  witnesses.) 

Captain   S then  submitted   in   evidence  certain   papers, 

appended  marked  " "  to  " ." 

Captain  S had  no  further  evidence  to  introduce  and  was 

discharged  from  further  attendance. 

Right  of  officer  to  be  heard.— No  officer  of  the  navy  shall  be  retired  from  active  service 
or  wholly  retired  from  the  service,  without  a  full  and  fair  hearing  before  such  navy 
retiring  board,  if  he  shall  demand  it,  etc.    (Sec.  1455,  R.  S.) 

Completion  of  case  before  dlschai^e.— Care  shall  be  taken  not  to  discharge  an  officer 
under  examination  until  his  case  is  fully  completed. 

Cause  of  incapacity  must  be  reported. — When  such  retiring  board  finds  an  officer 
incapacitated  for  active  service,  it  shall  also  find  and  report  the  cause  which,  in  its  judg- 
ment, produced  his  incapacity,  and  whether  such  cause  is  an  incident  of  the  service. 
(Sec.  1451,  R.  S.) 

The  board,  having  dehberated  on  the  evidence  before  it,  decided 

that  Capt.  Q R.  S ,  U.  S.  Navy,  is  incapacitated  for 

active  service  by  reason  of  apoplexy  and  that  his  incapacity  is  the 

result  of  an  incident  of  the  service. 

A B.  C , 

Rear- Admiral,  U.  S.  Navy,  President. 

D E.  F , 

Captain,  U.  S.  Navy,  Member. 

R S.  T , 

Medical  Director,  TJ.  S.  Navy,  Member. 

G H.  K , 

Captain,  TJ.  S.  Navy,  Member. 

U- V.  w , 

Surgeon,  TJ.  S.  Navy,  Member. 

L M.  N , 

Lieutenant,  TJ.  S.  Navy,  Recorder. 


PROCEEDINGS  OF  A  NAVAL  RETIRING  BOARD.        253 

Var.  1.  The  board  having  deliberated  on  the  evidence  before  it, 

decided  that  Capt.  Q R.  S ,  U.  S.  Navy,  is  temporarily 

incapacitated  for  active  service  by  reason  of  malarial  poisoning, 
and  recommends  that  he  be  granted  sick  leave  for  three  months. 

Var.  2.  The  board,  having  deliberated  on  the  evidence  before  it, 
decided  that  Capt.  Q R.  S ,  U.  S.  Navy,  is  incapaci- 
tated for  active  service  by  reason  of  ,  and  that  his  inca- 
pacity is  not  the  result  of  an  incident  of  the  service. 

Var.  3.  The  board,  having  deliberated  on  the  evidence  before 
it  and  having  thereupon  decided  that  prima  facie  it  appears  that 

the  incapacity  of  Capt.  Q R.  S ,  U.  S.  Navy,  is  the 

result  of  his  own  misconduct,  he  was  called  before  the  board  and 
given  an  opportunity  to  be  heard  upon  the  charges  against  him,  as 
follows  (insert  charges). 

Captain  S had  nothing  to  offer  in  relation  to  the  charges 

{or,  made  a  sworn  statement,  appended  marked  " "),  Or  Cap- 
tain S asked  permission  to  introduce  Mr.  R ,  as 

his  counsel,  which  request  was  granted  and  Mr.  R took  his 

seat  accordingly. 

Or  Captain  S requested  the  board  to  summon  the  follow- 
ing persons  as  witnesses,  which  request  was  granted  (insert  names). 

The  board  decided  to  call  the  following  persons  as  witnesses  (in- 
sert names). 

(Testimony  of  witnesses  recorded  as  in  general  courts-martial.) 

Captain  S had  no  further  witnesses  to  call  and  had  nothing 

further  to  offer. 

The  board  was  then  cleared  and,  having  deliberated  on  the  evi- 
dence before  it,  decided  that  Capt.  Q R.  S ,  U.  S.  Navy, 

is  incapacitated  for  active  service  by  reason  of ,  and  that  his 

incapacity  is  not  the  result  of  an  incident  of  the  service  but  is  the 
result  of  his  own  misconduct. 

Minority  report.— If  a  member  dissents  from  the  finding  and  opinion  of  the  board,  he 
is  authorized  to  submit  a  minority  report  of  his  finding  and  opinion. 

Record  laid  before  President.— A  record  of  the  proceedings  and  decision  of  the 
board  in  each  case  shall  be  transmitted  to  the  Secretary  of  the  Navy,  and  shall  be  laid 
by  him  before  the  President  for  his  approval  or  disapproval,  or  orders  in  the  case.  (Sec, 
1452,  R.  S.) 


Precept. 

Navy  Department, 

Washington,  March  1,  19- 

Sir:  a  retiring  board,  consisting  of  yourself  as  president  and  of  Capt.  D 

F ,  U.  S.  Navy;  Medical  Director  R S.  T ,  U.  S.  Navy;  Capt.  G- 


H.  K ,  U.  S.  Navy,  and  Surg.  U V.  W ,  U.  S.  Navy,  as  members,  is 

hereby  ordered  to  convene  at  the  Mills  Building,  Navy  Department  {or,  the  navy- 
yard,  ,  ),  at  10  o'clock  a.  m.,  March  9,  19 — ,  or  as  soon  thereafter  as 

practicable. 

Lieut.  L M.  N ,  U.  S.  Navy,  will  act  as  recorder  of  the  board. 

The  board  will  examine  and  report  upon  such  oflficers  as  may,  by  the  Secretary  of  the 
Navy,  be  ordered  to  appear  before  it,  in  conformity  with  the  provisions  of  Title  XV, 
chapter  3,  of  the  Revised  Statutes. 


254  PROCEEDINGS   OF  A   NAVAL  RETIRING  BOARD. 

This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

C F.  L- 


Secretary  of  the  Navy. 

Rear- Admiral  A B.  C ,  U.  S.  Navy, 

Commandant,  Navy-  Yard  and  Station, 

Philadelphia,  Pa. 

Composition  of  board,  etc.— Whenever  any  officer  on  being  ordered  to  perform  the 
duties  appropriate  to  his  commission  reports  himself  unable  to  comply  with  such  order, 
or  whenever,  in  the  judgment  of  the  President,  an  officer  is  incapacitated  to  perform 
the  duties  of  his  office,  the  President,  at  his  discretion,  may  direct  the  Secretary  of  the 
Navy  to  refer  the  case  of  such  officer  to  a  board  of  not  more  than  nine  nor  less  than  five 
commissioned  officers,  two-fifths  of  whom  shall  be  members  of  the  Medical  Corps  of  the 
navy.  Said  board,  except  the  officers  taken  from  the  Medical  Corps,  shall  be  composed, 
as  far  as  may  be,  of  seniors  in  rank  to  the  officer  whose  disability  is  inquired  of.  (Sec. 
1448,  R.  S.) 


Letter  to  officer. 

Navy  Department, 

Washington,  March  1,  19 — . 
Sir:  Proceed  to  Washington,  D.  C,  and  report  to  the  president  of  the  Naval  Retir- 
ing Board,  Mills  Building,  Navy  Department  Annex,  at  10  a.  m.,  Monday,  March  9, 
19 — ,  for  examination  in  conformity  with  Title  XV,  chapters,  of  the  Revised  Statutes. 
Upon  the  completion  of  this  examination,  return  to  your  home  and  await  orders. 
Very  respectfully. 


C F.  L- 


Secretary  of  the  Navy. 

Capt.  Q R.  S ,  U.  S.  Navy, 

Philadelphia,  Pa. 


Record  of  the  service  of  Capt.  Q R.  S ,  U.  S.  Navy,  since  last  examination. 

D V.  S ,  Chief  of  Bureau. 

Medical  record  of  Capt.  Q R.  S ,  U.  S.  Navy,  July  20,  1900. 


S.  R- 


Surgeon-General,  U.  S.  Navy. 

(Here  follow  other  documents,  reports  of  medical  surveys,  hospital  tickets,  case 
papers,  etc.) 


PROCEEDINGS   OF   A   NAVAL   RETIRING   BOARD.  255 

Letter  to  medical  members  of  board  directing  physical 

examination. 

Naval  Retiring  Board, 

Navy  Department, 

March  9,  19—. 
Gentlemen:  You  will  be  pleased  to  make  a  careful  examination  into  the  past  and 

present  physical  and  mental  condition  of  Capt.  Q R.  S ,  U.  S.  Navy, 

whose  case  has  been  referred  to  this  board  for  examination  and  report  as  to  his  capacity 
to  perform  the  duties  appropriate  to  his  commission,  in  conformity  with  Title  XV, 
chapter  3,  of  the  Revised  Statutes  of  the  United  States. 

Besides  a  personal  examination,  you  will  examine  closely  all  matter  transmitted  to 
the  board  in  this  case  by  the  Bureau  of  Navigation  from  the  files  and  records  of  the 
Navy  Department,  and  you  will  also  endeavor  to  obtain  from  any  other  authentic 
source  within  your  reach  such  information  as  will  aid  the  board  in  the  performance  of 
its  duties,  and  will  report  the  result  in  writing. 

In  case  you  find  the  officer  under  examination  incapacitated  for  active  service,  you 
will  state  whether,  in  your  opinion,  his  disability  is  the  result  of  an  incident  of  the 
service. 

Very  respectfully,  A B,  C . 

Rear- Admiral,  U.  S.  Navy,  President. 

Medical  Director  R S.  T ,  U.  S.  Navy.  - 

Surgeon  U V.  W ,  U.  S.  Navy. 


Letter  from  medical  members  to  president  of  board. 

Naval  Retiring  Board, 

Navy  Department, 

Washington,  March  9,  19- 
Sir:  We  have  carefully  and  separately  examined  Capt. Q R.  S- 


U.  S.  Navy,  as  to  his  past  and  present  mental  and  physical  condition,  together  with 
the  records  pertaining  to  his  case,  and  report  as  follows: 

Captain  S is  —  years  old  and  has  been  —  years  in  the  naval  service. 

He  has  suffered  from  some  of  the  common  ailments,  including ,  which  are 

shown  to  have  originated  in  the  line  of  duty,  and  with which  are  shown  not  to 

have  80  originated.  The  foregoing  ailments,  however,  have  no  bearing  {or,  have  the 
following  bearing)  on  his  present  condition, 

On  July  27,  19—,  he  was  transferred  from  the  U.  S.  S.  California  to  the  United  States 
Naval  Hospital,  Norfolk,  Va.,  with  heart  disease,  which  originated  in  the  line  of  duty. 
(The  medical  history  should  here  be  set  forth  m  €Jie/iso.) 

We  believe  him  to  be  suffering  with  a  chronic  inflammation  of  the  heart. 

We  consider  this  condition  to  be  permanent,  by  reason  of  which  he  is  incapacitated 

for  active  service  in  the  navy,  and  that  his  incapacity  is  (not)  the  result  of  an  incident 

of  the  service. 

R S.  T , 


Rear-Admiral  A B.  C ,  U.  S.  Navy, 

President  of  Board. 
Sworn  to  and  subscribed  before  me,  March  9,  19 — . 


Medical  Director,  U.  S.  Navy. 

U V.  W , 

Surgeon,  U.  S.  Navy. 


B.  C- 


Rear- Admiral,  U.  S.  Navy,  President. 


256  PROCEEDINGS   OF  A  NAVAL  RETIRING  BOARD. 

Var.  1.  We  find  that is  suffering  from  neurasthenia,  which, 

by  the  records,  is  shown  to  have  originated  in  the  line  of  duty. 

We  consider  this  condition  to  be  temporary  and,  therefore,  he  is  not 
permanently  incapacitated  for  active  service  in  the  navy.  We  find 
that  he  is  at  present  unfit  for  duty  and  recommend  that  he  be  ordered 
to  a  naval  hospital  for  treatment  and  further  observation. 

Var.  2.  We  find  that  he  is  at  present  unfit  for  duty  and 

recommend  that  he  be  granted  sick  leave  for  three  months, 

Var.  3.  We  therefore  find  that is  not  incapacitated 

for  active  service. 


BOARD  OF  SELECTION  FOR  RETIREMENT. 


8483—10 17  257 


RECORD    OF   PROCEEDINGS 

OP  A 

Board  of  Selection  for  Retirement 

CONVENED    AT 

THE  NAVY  DEPARTMENT,  WASHINGTON,  D.  C, 
June  1,  19 — . 


259 


Navy  Department, 

Washington,  July  1,  19 — . 
The  board  met  at  10  a.  m.,  June  1,  10—,  pursuant  to  an  order 
appended,  marked  '*A." 
Present : 

Rear-Admiral  A B , 

Rear-Admiral  C D , 

Rear-Admiral  E F , 

Rear-Admiral  G H ,  and 

Rear-Admiral  I J ,  U.   S.  Navy;  members,  and 

Lieut.  Commander  K L ,  U.  S.  Navy,  recorder. 

The  recorder  read  the  precept. 

The  members  of  the  board  were  severally  duly  sworn  by  Mr. 
M N ,  a  notary  public. 

Oath  administered  to  members  —You,  and  each  of  you,  solemnly  swear  {or  affirm) 
that  you  will  without  prejudice  or  partiality,  and  having  in  view  solely  the  special  fitness 
of  officers  and  the  efficiency  of  the  naval  service,  perform  the  duties  imposed  upon  you 
by  your  appointment  as  a  member  of  this  board. 

The  recorder  read  a  letter  from  the  Bureau  of  Navigation  relative 
to  the  condition  of  the  navy  list  on  June  1,  19 — ;  appended,  marked 

The  board  then  examined  the  records  of  captains,  commanders, 
lieutenant  commanders,  and  lieutenants  on  file  in  the  Navy  Depart- 
ment, all  of  which  were  placed  at  the  disposal  of  the  board, 
continuing  the  examination  from  day  to  day  {or  as  the  case  may  be) 
until  June  18,  19 — ,  when  it  adjourned  to  await  further  information 
from  the  Navy  Department  as  to  the  number  of  compulsory 
retirements  that  would  be  required  under  the  provisions  of  section 
9  of  the  navy  personnel  act,  approved  March  3,  1899. 

The  board  reassembled  at  10  a.  m.,  this  day.  Present:  All  the 
members  and  the  recorder. 

The  recorder  read  a  letter  from  the  Secretary  of  the  Navy,  appended, 
marked  ''C,"  stating  that  the  board  would  be  required  to  select 
twelve  officers  for  compulsory  retirement. 

Var. stating  that  it  will  not  be  necessary  for  the  board  to 

make  any  selections  for  compulsory  retirement. 

261 


262  PROCEEDINGS  OF  A  BOARD  OF  SELECTION  FOR  RETIREMENT. 

The  board  then  further  examined  the  records  of  certain  officers, 
keeping  in  mind  the  instructions  contained  in  the  precept,  and,  after 
due  dehberation,  reports  that  it  has  selected  the  following-named 
officers  for  compulsory  retirement : 

Capt.  Z Y ,  U.  S.  Navy. 

Capt.  X W ,  U.  S.  Navy. 

Lieut.  N M ,  U.  S.  Navy. 

If  no  officers  selected.— In  case  no  officers  are  to  be  selected,  the  foregoing  paragraph 
and  list  of  names  will  be  omitted. 

The  board  then  adjourned  to  await  the  action  of  the  Navy 
Department. 

A B , 

Rear-Admiral,  U.  S.  Navy,  President. 

C D , 

Rear-Admiral,  TJ.  S.  Navy,  Memher. 

E F , 

Rear-Admiral,  U.  S.  Navy,  Memher. 

G H , 

Rear-Admiral,  TJ.  S.  Navy,  Memher. 

I J , 

Rear-Admiral,  TJ.  S.  Navy,  Memher. 

K L , 

Lieutenant- Commander,  TJ.  S.  Navy,  Recorder. 


Precept  for  board  of  selection  for  retirement. 

Navy  Department, 
Washington,  May  20,  19 — . 

Sir:  In  pursuance  of  the  provisions  of  section  9  of  the  act  of  Congress  entitled  "An 
act  to  reorganize  and  increase  the  efficiency  of  the  personnel  of  the  Navy  and  Marine 
Corps  of  the  United  States,"  approved  March  3,  1899,  a  board  of  selection  for  retire- 
ment is  hereby  ordered  to  convene  in  the  reception  room  (No.  275),  Secretary's  office. 
Navy  Department,  Washington,  on  Saturday,  the  first  proximo,  at  10  o'clock  a.  m., 
for  the  purpose  of  selecting  the  officers  whose  retirement  may  be  rendered  necessary 
under  the  provisions  of  section  9  of  the  act  above  mentioned. 

The  board  will  obtain  from  the  Bureau  of  Navigation  such  information  respecting 
the  present  and  prospective  condition  of  the  navy  list  as  may  facilitate  the  performance 
of  its  duties. 

It  shall  be  the  duty  of  the  board,  without  prejudice  or  partiality,  and  having  in 
view  solely  the  special  fitness  of  officers  and  the  efficiency  of  the  naval  service,  to 
examine,  as  far  as  the  proper  performance  of  its  duties  requires,  the  service  and 
medical  records  on  file  in  the  Navy  Department  of  all  officers  in  the  grades  of  captain, 
commander,  lieutenant-commander,  and  lieutenant,  which  records,  or  such  of  them 
as  may  be  necessary,  are  at  the  disposal  of  the  board. 


PEOCEEDINGS  OF  A  BOARD  OF  SELECTION  FOR  RETIREMENT.  263 

As  soon  as  practicable  after  the  Ist  of  July  next,  the  board  will  report  its  selections 
for  retirement  to  the  Department. 

The  board  will  consist  of  yourself  as  president,  and  of  Rear-Admiral  C 

D ,    Rear-Admiral   E F ,    Rear-Admiral   G H ,    and 

Rear-Admiral  I J ,  U.  S.  Navy,  as  members. 

Lieut.  Commander  K L ,  U.  S.  Navy,  will  act  as  recorder. 

The  proceedings  of  the  board  will  be  conducted  in  accordance  with  the  provisions 
of  the  Navy  Regulations  and  the  Forms  of  Procedure  issued  by  the  Navy  Department. 
The  oath  taken  by  the  members  will  be  that  prescribed  in  said  regulations,  and  will 
be  administered  by  a  notary  public  provided  by  the  Department,  when  requested. 
This  employment  on  shore  duty  is  required  by  the/j5ublic  interests. 
Very  respectfully, 

C F.  L , 

Secretary  of  the  Navy. 

Rear-Admiral  A B ,  U.  S.  Navy, 

Commandant,  Navy-  Yard,  New  York,  N.  Y. 


Letter  from  Bureau  of  Navigation  relative  to  navy  list. 

Navy  Department, 

Bureau  op  Navigation, 

Washington,  June  1,  19 — . 
Sir:  As  the  navy  list  now  stands  it  will  be  necessary  to  make  fifteen  (15)  vacancies 
above  the  grade  of  lieutenant  (junior  grade)  on  June  30,  19 — ,  in  order  to  bring  the 
yearly  average  number  of  vacancies  above  that  grade  up  to  forty  (40),  the  number 
required  by  section  8  of  the  navy  personnel  act. 

Up  to  the  present  time  two  (2)  applications  for  voluntary  retirement  have  been 
received,  leaving  thirteen  (13)  vacancies  to  be  made.  If  more  applications  for  vol- 
untary retirement  are  received  the  bureau  will  advise  the  board. 

Very  respectfully,  T U.  V , 

Chief  of  Bureau. 
The  President  of  the  Board  on  Selection  for  Retirement. 


Letter  informing  board  as  to  number  of  oflacers  to  be  selected 

for  retirement. 

Navy  Department, 

Washington,  July  1,  19 — . 

Sir:  You  are  informed  that  it  will  be  necessary  for  the  board  of  which  you  are 
president  to  select  twelve  officers  for  compulsory  retirement  under  the  provisions  of 
section  9  of  the  navy  personnel  act,  approved  March  3, 1899,  in  order  to  bring  the  yearly 
average  number  of  vacancies  above  the  grade  of  lieutenant  (junior  grade)  as  near  to 
forty  as  possible  in  accordance  with  the  provisions  of  section  8  of  the  act  referred  to. 

The  following  is  a  list  of  the  officers  who  have  requested  voluntary  retirement  on 
June  30,  19 — ,  and  whose  names  will  be  submitted  to  the  President  for  retirement  from 
that  date : 

(Here  follow  names.) 


264     PROCEEDINGS  OF  A  BOARD  OF  SELECTION  FOR  RETIREMENT. 

The  Bureau  of  Navigation  will  furnish  the  board  with  a  correct  list  of  the  officers  of 
the  line  of  the  navy  as  it  stands  to-day. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 
The  President  op  the  Board  on  Selection  for  Retirement. 
(Or) 

Navy  Department, 

Washington,  July  1,  19 — . 
Sir:  The  number  of  applications  for  voluntary  retirement  on  June  30,  19 — ,  has  been 
sufficient  to  cause  the  average  yearly  number  of  vacancies  above  the  different  grades 
of  the  line  of  the  navy  as  required  by  section  8  of  the  navy  personnel  act,  approved 
March  3,  1899.  It  will  not,  therefore,  be  necessary  for  the  board  of  which  you  are 
president  to  make  any  selections  for  retirement  under  the  provisions  of  section  9  of  the 
said  act. 

Very  respectfully,  C F.  L , 

Secretary  of  the  Navy. 
The  President  op  the  Board  on  Selection  for  Retirement. 


MARINE  EXAMINING  BOARD. 


265 


RECORD  OF  PROCEEDINGS 

OF   A 

Marine  Examining  Board 

CONVENED   AT 

THE  MARINE  BARRACKS,  NAVY-YARD,  MARE  ISLAND,  CAL., 

IN   THE   CASE   OF 

First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps. 

June  2,  19 — . 


267 


Examining  Board  Room,  Marine  Barracks, 

NAVY-YAp),  Mare  Island,  Cal., 

/  June  10,  19—. 

The  board  met  at  10  a.  m.,  June  2,  19 — ,  pursuant  to  an  order; 
copy  prefixed,  marked  ^'A." 

Var. pursuant  to  orders,  copies  prefixed  marked  "Al"  to 

"A3."  (This  variation  is  used  when  original  members  are  detached, 
when  the  date  or  place  of  meeting  is  changed,  etc.) 

Promotion  of  commissioned  officers  In  Marine  Corps.—"  *  *  *  hereafter  pro- 
motions to  every  grade  of  commissioned  officers  in  the  Marine  Corps  below  the  grade 
of  commandant  shall  be  made  in  the  same  manner  and  under  the  same  conditions  as 
are  now  or  may  hereafter  be  prescribed  in  pursuance  of  law  for  commissioned  officers 
of  the  army."    (From  act  approved  July  28,  1892.) 

Promotions  in  tiie  army.—"  Sec.  3.  That  the  President  be,  and  he  is  hereby,  author- 
ized to  prescribe  a  system  of  examination  of  all  officers  of  the  army  below  the  rank  of 
major  to  determine  their  fitness  for  promotion,  such  an  examination  to  be  conducted 
at  such  times  anterior  to  the  accruing  of  the  right  to  promotion  as  may  be  best  for 
the  interests  of  the  service:  *  *  *  Provided,  That  if  any  officer  fails  to  pass  a  satisfac- 
tory examination  and  is  reported  unfit  for  promotion,  the  officer  next  below  him  in 
rank  having  passed  said  examination  shall  receive  the  promotion:  And  provided, 
.  That  should  the  officer  fail  in  his  physical  examination  and  be  found  incapacitated  for 
service  by  reason  of  physical  disability  contracted  in  line  of  duty,  he  shall  be  retired 
with  the  rank  to  which  his  seniority  entitled  him  to  be  promoted;  but  if  he  should  fail 
for  any  other  reason  he  shall  be  susi)ended  from  promotion  for  one  year,  when  he  shall 
be  reexamined,  and  in  case  of  failure  on  such  reexamination  he  shall  be  honorably  dis- 
charged with  one  year's  pay  from  the  army:  *  *  *  "  ( From  act  approved  October  1, 
1890.) 

Present: 

Maj.  A B.  C ,  U.  S.  Marine  Corps; 

Maj.  D E.  F ,  U.  S.  Marine  Corps; 

Surg.  G H.  K ,  U.  S.  Navy; 

Surg.  L M.  N ,  U.  S.  Navy,  and 

Capt.  O P.  Q ,  U.  S.  Marine  Corps;  members,  and 

First  Lieut.  R S.  T ,  U.  S.  Marine  Corps,  recorder. 

Var.  1.  Maj.  D E.  F ,  U.  S.  Marine  Corps,  a  member, 

was  absent  on  account  of  illness  (or  other  cause)  which  being  only- 
temporary,  the  board  adjourned  to  meet  the  following  day. 

The  board  met  at  10  a.  m.,  June  2,  19—.  Present:  All  the 
members  and  the  recorder. 

Var.  2.  Maj.  D E.  F ,  U.  S.  Marine  Corps,  a  member, 

was  absent  on  account  of  illness  (or  other  cause)  which  would  pre- 
vent his  attendance  for  an  indefinite  time.  The  president,  there- 
fore, addressed  a  letter  to  the  convening  authority  in  the  matter, 

269 


270  PROCEEDINGS   OF  A   MARINE   EXAMINING  BOARD. 

and  the  board  then  adjourned  to  await  further  action  in  the  premises, 
copy  of  letter  appended,  marked  " — ." 

Procedure  in  case  of  absence.— In  case  of  absence  of  a  member  or  of  the  recorder 
the  record  shall  show  the  reason  therefor,  and,  if  the  absence  is  to  be  more  than  temporary, 
the  board  shall  adjourn  and  the  president  shall  inform  the  convening  authority  of  the  facts. 

Members  to  familiarize  themselves  with  regulations.— Before  entering  on  the  dis- 
charge of  their  duties  members  of  examining  boards  shall  acquaint  themselves  with  the 
provisions  of  the  chapter  on  "Boards,"  Navy  Regulations. 

Duties  of  medical  members.— The  medical  officers  shall  take  part  only  in  the  physi- 
cal examination  of  the  candidate  for  promotion. 

Duties  of  recorder.— The  recorder  shall  take  no  part  in  examining  the  candidate,  but, 
under  the  durection  of  the  board,  shall  record  its  proceedings  and  prepare  the  record. 

Presence  of  candidate.— All  proceedings  of  the  board,  except  its  findings,  recom- 
mendations, deliberations  thereon,  and  its  deliberations  on  interlocutory  questions  shall 
be  in  the  presence  of  the  candidate  for  promotion  and  his  counsel,  if  hehas  counsel  present. 

First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps,  reported  for 

examination  in  obedience  to  his  orders,  copy  prefixed,  marked  '^B.'' 

Candidate  to  present  his  orders.— The  candidate  shaU  present  his  orders  as  his 
authority  for  appearing;  these  orders  shall  be  read  by  the  recorder,  and  a  copy  thereof, 
certified  by  the  recorder,  shall  be  prefixed  to  the  record. 

The  precept  (and  orders  altering  the  same  were)  was  read  by  the 
recorder,  and  there  was  no  objection  to  any  member. 

Procedure  in  case  of  challenge.— The  candidate  may  challenge  members,  only  one 
at  a  time,  for  causes  stated,  the  validity  of  the  challenges  to  be  determined  by  the  full 
board,  according  to  the  Regulations  and  the  procedure  of  general  courts-martial.  The 
record  must  show  that  the  candidate  afforded  opportunity  to  challenge.  If  a  challenge 
is  sustained,  the  president  shall  report  the  facts  to  the  convening  authority  and  the 
board  shall  adjourn.    (See  variations  under  procedure  of  general  court-martial.) 

The  recorder  and  the  board  were  duly  sworn. 

How  oaths  administered.— The  recorder  shall  first  swear  the  several  members, 
including  the  medical  officers,  and  the  president  shall  then  swear  the  recorder. 

Form  of  oaths.— For  form  of  oaths,  see  chapter  on  "Boards,"  Navy  Regulations,  or 
procedure  of  a  naval  examining  board. 

The  recorder  read  the  medical  record  of  the  candidate;  appended, 
marked 'T." 

Medical  record,  etc.,  to  be  read  aloud.— The  medical  record  of  the  candidate  since 

his  last  examination,  as  furnished  by  the  Navy  Department,  and  other  documents 
pertaining  to  his  physical  fitness,  including  any  pertinent  extracts  from  the  military 
history,  reports  on  fitness,  interrogatories,  etc.,  shall  be  read  aloud  and  appended  to  the 
record. 

The  candidate  submitted  a  certificate,  appended,  marked  ''D,"  as 
to  his  physical  qualifications,  and  he  was  then  directed  to  report  to 
the  medical  officers  for  physical  examination,  during  which  the  board 
took  a  recess,  the  medical  members  and  the  candidate  withdrawing. 

Candidate's  certificate  signed  by  himself.— The  candidate's  certificate  as  to  his 
physical  qualifications  shall  be  signed  by  himself  as  of  the  date  of  examination. 

Medical  members  shall  personally  examine  candidate.— Each  of  the  medical  mem- 
bers shall  thoroughly  examine  the  candidate  as  to  his  physical  qualifications  for  pro- 
motion. 

Defects  of  vision.— Defects  of  vision  that  may  be  entirely  corrected  by  glasses  do  not 
disqualify  unless  they  are  due  to,  or  are  accompanied  by,  organic  disease. 

The  board  reassembled.  Present :  All  the  members,  the  recorder, 
and  the  candidate. 


PROCEEDINGS   OF  A   MARINE  EXAMINING   BOARD.  271 

The  report  of  the  medical  officers,  that  the  candidate  is  physically 
qualified  for  promotion,  was  read  by  the  recorder,  adopted  by  the 
board,  and  appended,  marked  ^^E." 

Question  of  physical  fitness.— All  questions  relating  to  the  physical  fitness  of  an 
officer  for  promotion  shall  be  determined  by  the  full  board. 

The  medical  officers  were  excused  from  further  attendance. 

Var.  The  report  of  the  medical  officers,  that  the  candidate  is 
not  physically  qualified  for  promotion,  was  jead  by  the  recorder, 

concurred  in  by  the  full  board,  and  apt^ended,  marked  '' ." 

The  board  then  resolved  itself  into  a  retiring  board. 

A  communication,  marked  "  C,"  was  received  from  the  Commandant  of  the 
Marine  Corps,  etc.     (Continue  as  in  n^rine  retiring  board.) 

Procedure  on  physical  disqualification.— When  the  board  decides  that  the  candi- 
date is  physically  disqualified  for  promotion  the  examinations  as  to  his  other  qualifica- 
tions shall  not  be  held,  but  the  board  shall  examine  and  report  in  full,  according  to 
the  procedure  of  a  marine  retiring  board,  upon  the  cause  which  in  its  judgment  pro- 
duced the  disability,  and  whether  or  not  such  disability  was  contracted  in  line  of  duty. 

Finding  signed  by  all  concurring  members.—In  such  case  the  finding  shall  be  signed 
by  all  the  members,  including  the  medical  officers,  who  concur  therein,  and  the  votes  of 
a  majority  shall  decide;  any  member  who  dissents  shall  state  his  reasons  for  so  doing, 
which  reasons  shall  be  entered  in  the  record  and  signed  by  the  dissenting  member. 

Procedure  on  reexamination.- The  procedure  prescribed  herein  shall  be  followed 
in  the  reexamination  of  officers  suspended  from  promotion  under  the  last  proviso 
in  section  3  of  the  act  of  October  1,  1890,  quoted  above. 

A  communication,  appended,  marked  '^ ,"  was  received  from 

the  Commandant  of  the  Marine  Corps,  transmitting  the  papers 
named  therein;  which  were  duly  considered  by  the  board,  and  which 
are  appended,  marked  ^' "  to  ^' ." 

Marking  of  documents.— Each  document  attached  to  the  record  shall  be  plainly 
marked  in  the  lower  fight  hand  corner  of  its  first  page  for  identification.  Documents 
pertaining  to  the  organization  of  the  board  shall  be  marked  by  capital  letters;  instru- 
ments of  evidence,  by  numbers. 

Arrangement  of  documents,— Reports  of  fitness,  answers  to  interrogatories,  com- 
mendatory letters,  letters  relating  to  indebtedness,  etc.,  shall  be  appended  to  the  record, 
all  papers  of  each  class  together  and  arranged  in  chronological  order  in  each  class. 

Fitness  as  regards  general  efficiency.— The  use  an  officer  has  made  of  his  opportu- 
nities in  the  past,  his  ability  to  apply  practically  his  professional  knowledge,  and  his 
general  trustworthiness  and  ability  in  the  performance  of  his  official  duties  will  be  taken 
under  consideration.  To  this  end,  whenever  an  officer  is  ordered  to  examination  for 
promotion,  the  Commandant  of  the  Marine  Corps  shall  forward  to  the  president  of  the 
board  all  papers  on  file  in  his  headquarters  and  in  the  Navy  Department  pertaining  to 
or  affecting  the  efficiency  of  the  candidate;  the  commanding  officer  under  whom  he  is 
serving,  and  the  commanding  officer  of  his  regiment  (if  serving  in  a  regiment),  without 
further  instructions,  shall  prepare  and  forward  without  delay  a  report  on  fitness,  in 
accordance  with  the  Navy  Regulations,  up  to  the  latest  practicable  date  prior  to  the 
candidate's  examination. 

General  efficiency  assumed.— In  the  absence  of  evidence  to  the  contrary  from 
authoritative  sources,  an  officer's  fitness  as  to  general  efficiency  will  be  assumed. 

Procedure  in  case  general  efficiency  is  not  assumed.— If  the  general  efficiency  of  the 
candidate  is  not  assumed,  the  candidate  shall  be  furnished  full  information  as  to  any 
allegations  concerning  his  lack  of  such  efficiency,  names  of  accusers,  and  witnesses, 
and  documentary  evidence  against  him;  he  shall  be  allowed  to  examine  such  witnesses 
and  evidence,  and  to  testify  and  introduce  evidence  in  his  own  behalf. 

Unfavorable  entries  Investigated.— In  case  of  entries  in  the  medical  history  of  the 
candidate  or  other  accompanying  papers  indicating  unfitness,  the  matter  shall  be  in- 
vestigated by  the  board. 


272  PKOCEEDINGS   OF  A   MARINE   EXAMINING  BOARD. 

Scope  of  interrogatories.—  The  board  shall  decide  concerning  the  officers  or  other 
persons  to  whom  interrogatories  shall  be  sent  and  shall  decide  upon  the  scope  and  char- 
acter of  such  interrogatories;  but  no  inquiry  as  to  matters  of  opinion  shall  be  put  to  any 
officer  who  is  junior  in  rank  to  the  candidate. 

Examination  of  witnesses.— If  the  candidate  requests  that  witnesses  be  examuied 
in  his  behalf,  the  board  shall,  so  far  as  the  request  appears  to  be  reasonable,  examine  the 
witnesses  in  his  presence  or  by  taking  their  depositions. 

Wliat  facts  not  inquired  into.— The  board  shall  not  inquire  into  nor  consider  any 
fact  which  occurred  prior  to  the  last  examination  of  the  candidate  whereby  he  was 
promoted  and  which  has  been  inquired  into  and  decided  upon,  unless  such  fact  con- 
tinuing shows  his  present  unfitness  for  promotion. 

Marie  in  generai  efficiency.- The  mark  in  general  efficiency  shall  be  based  upon 
reports  of  fitness;  answers  to  interrogatories;  documentary- evidence  submitted  to  the 
board  by  the  Navy  Department,  the  Commandant  of  the  Marine  Corps,  or  the  candidate; 
and  such  other  relevant  evidence  as  may  be  submitted  by  the  candidate  or  obtained  by 
the  board  on  its  own  initiative.  All  the  foregoing  shall  be  embodied  in  full  in  the  record, 
or  properly  appended  thereto,  each  class  of  evidence  by  itself. 

Var.  The  board  was  cleared.  (All  persons  shall  withdraw  except 
the  board.) 

The  board  was  opened,  the  candidate  appeared  and  was  informed 
that  his  general  efficiency  could  not  be  assumed  owing  to  the  follow- 
ing adverse  evidence  of  record,  which  was  read  by  the  recorder: 

Copy  of  general  court-martial  order,  dated  October  27,  19 — ; 
marked  " ." 

Copy  of  letter  of  reprimand  from  the  Secretary  of  the  Navy,  dated 
June  12,  19—;  marked  " ." 

Report  by   Colonel  ,   U.  S.  Marine  Corps,  Commanding 

First  Brigade  of  Marines,  Philippine  Islands,  dated  May  18,  19 — ; 

marked  '* ." 

■X-  *  *  *  *  -x-  * 

The  candidate  was  informed  that  he  would  be  heard  upon  the  fore- 
going matters,  and  he  asked  permission  to  introduce  P Q 


as  a  witness,  which  request  was  granted.     The  witness  entered  and 
was  duly  sworn, 

(Testimony  recorded  as  for  defense  in  a  general  court-martial.) 

First  Lieutenant  Z had  nothing  further  to  offer  and  did  not 

desire  to  make  a  statement.     {Or, but  made  a  sworn  statement, 

appended,  marked  " .")     (The  candidate  shall  always  be  given 

an  opportunity  to  make  a  statement  with  reference  to  his  general 
efficiency,  when  such  efficiency  is  not  assumed.) 

Presence  of  members  dnring  examination.— During  the  oral  and  practical  exami- 
nations all  the  members,  except  the  medical  members,  shall  be  present.  Written  ex- 
aminations, when  necessary,  may  be  conducted  In  the  presence  of  one  member  of  the 
board,  for  which  purpose  the  board  may  be  divided  into  committees  before  whom  the 
examinations  will  l)e  continued  from  day  to  day  until  completed,  after  which  the 
board  shall  reassemble  to  determine  its  findings. 

Professional  examination  of  field  officers.— A  field  officer  is  not  required  to  be  ex- 
amined professionally. 

The  board  then  conducted  the  professional  examination  of  the  can- 
didate, as  follows : 

Var.  The  candidate  presented  a  graduating  certificate  of  the 
School  of  Application,  U.  S,  Marine  Corps,  dated ,  copy  ap- 
pended, marked  ''■ — — ,"  which  was  accepted  by  the  board  as  suffi- 
cient evidence  of  proficiency  in  the  subjects  of ,  enumerated 

therein. 


PEOCEEDINGS   OF   A    MARINE   EXAMINING   BOARD.  273 

Graduating  certificate,— Graduating  certificates  of  the  School  of  Application,  dated 
not  more  than  three  years  anterior  to  the  accruing  of  the  vacancy  to  which  the  candi- 
date is  entitled,  shall  be  accepted  as  sufficient  evidence  of  proficiency  in  the  subjects 
eniimerated  therein,  except  in  professional  efficiency. 

June  2.  Subject,  Administration;  began,  11.15  a.  m.;  ended,  12.30 
p.  m. 

Character  of  professional  examination.— The  examination  shall  be  such  as  will 
fuUy  test  an  officer's  knowledge  of  the  general  principles  of  aU  the  duties  pertaining  to 
the  particular  branch  of  the  corps  that  devolve  upon  him  by  reason  of  his  promotion  to 
the  next  higher  grade.  In  aU  examinations  the  board  shall  form  their  opinion  of  an 
oflicer's  professional  qualifications  by  comparison,^f  his  knowledge  with  his  age,  service, 
and  opportunities  for  acquiring  such  knowledge.  The  examination  shaU  be  in  no  sense 
scholastic,  and  the  practical  exercises  and  problems  shall  not  be  so  framed  as  to  require 
a  knowledge  that  extends  beyond  the  functions  of  the  next  higher  grade. 

Examinations,  oral  and  practical.— Elxaminations  in  all  professional  subjects  shall 
be  oral  and  practical,  with  the  exceptions  mentioned  in  the  notes  following  this  form 
of  procedure.  / 

June  2.  Subject,  Drill  regulations  and  signaling;  began,  1.30  p.  m.; 
ended,  2.25  p.  m. 

Failure  on  practical  examination.— In  case  of  failure  on  practical  examination  In 
any  subject,  the  board  shall  conduct  a  second  practical  test  of  sufficient  scope  to  determine 
beyond  doubt  the  officer's  actual  degree  of  efficiency  in  the  subject. 

June  2.  Subject,  Firing  regulations;  began,  2.30  p.  m.;  ended,  4 
p.  m. 

The  candidate  (if  a  second  lieutenant)  was  then  directed  to  proceed 
at  daylight  (or  as  may  be)  the  following  morning  to  make  a  road  (or 
position)  sketch  (locality  assigned)  and  to  bring  the  same  before  the 
board  at  9  a.  m.  the  next  morning,  which  direction  was  complied  with. 

June  3.  Subject,  Completing  road  sketch;  began,  9  a.  m.;  ended, 
n  a.  m. 

June  3.  Subject,  Fire  discipline;  began,  11.05  a.m.;  ended,  12.15 
p.  m. 

Var.  The  oral  examination  of  the  candidate  in  fire  discipline 
being  unsatisfactory,  the  board  proceeded  with  a  vsritten  examina- 
tion on  that  subject;  appended,  marked  " ."     (The  questions 

asked  and  the  candidate's  answers  shall  be  appended  as  written.) 

June  7.  Subject,  Minor  tactics;  began,  1.30  p.  m.;  ended,  2.30  p.  m. 

******* 

June  9.  Subject,  Naval  ordnance  and  gunnery;  began,  11.20  a.  m.; 
ended,  12.10  p.  m. 

Entry  of  Incidents  out  of  tlie  ordinary.— Any  incidents  out  of  the  ordinary  routine 
of  the  examination  which  occurs  on  a  date  included  in  the  above  table  of  examinations 
shall  be  entered,  under  the  proiier  date,  and  the  tabulation  shall  then  continue. 

The  candidate  (if  a  captain)  was  then  assigned  a  problem  and  the 
board  adjourned  until  the  following  day,  when  the  solution  was  sub- 
mitted by  the  candidate;  appended,  marked  '' ." 

The  exercises  in  practical  drill  were  next  proceeded  with. 

Problems  for  first  and  second  lieutenants.— In  connection  with  the  practical  drill, 
a  problem  shall  be  given  to  a  first  or  second  lieutenant,  as  follows:  For  a  first  lieutenant— 
a  practical  problem  to  solve  in  the  field,  on  varied  ground,  adjacent  to  the  post,  when 

8483—10 18 


274 


PROCEEDINGS   OF   A   MARINE   EXAMINING  BOARD. 


in  command  of  a  company;  for  a  second  lieutenant— a  practical  problem  in  reconnois- 
sance,  sufficient  men  being  used  to  simulate  the  enemy,  to  be  worked  out  in  varied 
countrj^  adjacent  to  the  post. 

Practical  exercises  never  omitted.— I'ractical  exercises  may  be  postponed  from 
day  to  day,  in  case  of  unpropitious  weather,  but  shall  never  be  omitted  or  curtailed, 
except  as  set  forth  in  the  third  class  of  written  examinations;  see  note,  post. 

A  copy  of  all  questions  asked  in  the  several  subjects,  a  description 
of  sketches  and  problems  assigned,  and  a  list  of  the  practical  maneu- 
vers explained  and  performed,  are  appended,  marked  " ." 

Copies  of  questions,  answers,  marks,  etc.,  appended. — There  shall  be  appended 
to  the  record  in  each  case  a  copy  of  all  questions  asked  and  a  description  of  all  prac- 
tical exercises,  which  will  show  in  the  case  of  oral  and  practical  examinations  the 
marks  assigned  by  the  individual  members  of  the  board  and  the  marks  assigned  by 
the  board  as  a  whole  to  each.  In  the  case  of  a  written  examination  each  question 
shall  be  attached  to  the  record  together  with  the  answers  thereto  written  by  the  can- 
didate, the  marks  assigned  to  each  answer  by  the  individual  members  of  the  board, 
and  the  marks  assigned  by  the  board  as  a  whole  to  each. 

Candidate's  certificate. — At  the  conclusion  of  his  examination  the  candidate  shall  be 
called  upon  to  sign  and  submit  a  certificate  to  the  effect  that  he  has  not  received  assist- 
ance from  any  tmauthorized  source. 

The  candidate  submitted  a  certificate,  appended,  marked  " ," 

that  he  had  received  no  unauthorized  assistance. 

Finding  in  case  of  field  officer.— In  the  case  of  a  field  officer,  the  finding  and  recom- 
mendation shall  only  refer  to  the  general  efficiency  and  the  physical  fitness  of  the  can- 
didate. 

Finding  and  recommendation  confidential. — The  finding  and  recommendation  of 
the  board  shall  be  regarded  by  the  members  and  recorder  as  confidential. 

Record  to  show  that  unfavorable  matter  considered.— In  case  any  of  the  papers 
submitted  to  the  board  are  unfavorable  to  the  candidate  and  the  board  finds  him  quali- 
fied notwithstanding  such  evidence,  the  record  must  show  affirmatively  that  these 
unfavorable  matters  were  duly  considered  and  state  the  board's  conclusions  in  regard 
thereto.    (See  variation  after  certificate  of  naval  examining  board.) 

The  board  assigned  the  several  marks,  as  shown  in  the  following 
table : 

Marks  and  percentages  reported. — When  both  oral  (or  written)  and  practical  exam- 
inations are  required,  the  board  shall  report  the  marks  attained  in  each  examination, 
in  each  subject,  whether  oral,  written,  or  practical,  appropriately  inserting  the  several 
marks  in  the  different  subjects,  exercises,  and  problems  as  subheads  in  the  following 
tabulation. 

Marks  required  for  promotion. — No  officer  shall  be  recommended  for  promotion 
who  fails  to  attain  in  each  examination  a  mark  of  3.0  (75  per  cent)  in  each  oral  or  writ- 
ten, and  in  each  practical,  examination  in  every  subject,  nor  if  his  mark  in  general 
efficiency  is  less  than  3.0. 


Subject. 


Administration 

Drill  regulations 

Firing  regulations 

Fire  discipline 

Military  field  engineering 

Naval  and  military  law 

Minor  tactics 

Naval  ordnance  and  gunnery. 
General  efficiency 


Average. 


Mark. 


3.00 
4.00 
3.00 
3.00 
3.70 
3.15 
3.00 
3.05 


Weight. 


25 


Multiple. 


9.00 
16.00 
6.00 
6.00 
3.70 
6.30 
6.00 
6.10 
25.10 


84.20 
3.37 


What  final  opinion  must  show.— The  record  of  the  final  opinion  of  the  board  as  to 
the  fitness  or  unfitness  of  an  officer  for  promotion  shall  show  under  which  heads  the 
officer's  qualifications  are  considered  satisfactory,  and  under  which,  if  any,  they  are 
unsatisfactory. 


PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD.  275 

The  board  is  of  the  opinion  that  First  Lieut.  X Y.  Z , 


U.  S.  Marine  Corps,  has  the  general  efficiency,  and  the  physical  and 
professional  qualifications  to  perform  the  duties  of  the  next  grade 
to  which  he  will  be  eligible,  and  does,  therefore,  recommend  his 
promotion  thereto. 

Var,  1. has  the  general  efficiency  and  the  physical  quali- 
fications, but  has  not  the  professional  qualifications  to  perform  the 
duties  of  the  next  grade  to  which  he  will  be  eligible,  and  does  not, 
therefore,  recommend  his  promotion  thereto  (or,  as  the  case  may 
be). 

Var.  2.  (In  case  of  field  officer.)  /- has  the  general  effi- 
ciency and  physical  qualifications  to  perform  the  duties  of  the  next 
grade  to  which  he  will  be  eligible,  and  does,  therefore,  recommend 
his  promotion  thereto. 

A B.  C , 

Major,  V.  S.  Marine  Corps,  President 

D E.  F , 

Major,  U.  S.  Marine  Corps,  Member. 

O p.  Q , 

Captain,  TJ.  S.  Marine  Corps,  Member. 

R S.  T , 

First  Lieut.,  TJ.  S.  Marine  Corps,  Recorder. 


Notes  relating  to  examination  of  Marine  Officers. 

Board  to  prepare  questions. — Before  beginning  the  examination  in  a  subject  the 
board  shall  prepare  and  prescribe,  in  writing,  such  number  of  questions  on  each  sub- 
ject as  it  may  deem  necessary  to  test  thoroughly  the  theoretical  knowledge  of  the 
officer  being  examined;  it  shall  also  require  such  practical  exercises,  including  prob- 
lems, appropriate  to  the  subjects  of  the  examination  as  it  may  deem  necessary  to 
demonstrate  his  capacity  to  perform  properly  the  duties  of  the  office  for  which  he  is 
examined.  The  board  shall  assign  a  weight  (which  shall  be  entered  on  the  margin 
of  the  paper)  to  each  question,  exercise,  and  problem  which  shall  be  used  only  in 
calculating  the  average  in  the  subject. 

Uniformity  in  questions. — In  the  interest  of  uniformity  and  for  the  assistance  of 
boards,  the  latter  will  be  furnished  by  the  Commandant  of  the  Marine  Corps  with  lists 
of  questions  on  the  subjects  of  examination,  with  weights  attached.  Boards  will  not 
be  expected,  however,  to  use  or  to  confine  themselves  exclusively  to  the  questions  con- 
tained in  these  lists,  but  are  authorized  to  frame  and  ask  any  questions,  with  suitable 
weights  attached,  selected  from  the  publications  recommended  for  study,  or  to  use 
blackboards  or  illustrations  which  will  facilitate  its  work  and  which  it  may  deem 
necessary  during  the  progress  of  the  oral,  written,  or  practical  examinations.  The  use 
of  diagrams  and  sketches  is  authorized. 

Manner  of  assigning  questions. — The  officer  being  examined  shall  be  furnished 
with  only  such  number  of  questions  or  be  required  to  conduct  such  practical  exercises 
as  he  may  be  able  to  answer  or  complete  before  a  recess  or  adjournment  is  taken. 

Board  to  note  value  of  answer. — As  each  question  is  answered  or  each  exercise  is 
completed,  each  member  of  the  board  shall  note  his  estimate  of  the  value  of  the  answer 
given  or  the  exercise  conducted.  These  estimates  shall  be  made  on  a  scale  of  4  to 
0,  a  4  representing  perfect,  and  the  use  of  tenths  in  marking  is  authorized. 


276  PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD. 

Calculation  of  average. — The  average  which  the  candidate  obtains  in  a  subject  shall 
be  calculated  as  follows:  Each  member  shall  multiply  the  estimate  (on  the  scale  of  4 
to  0)  given  by  him  to  an  answer  or  exercise  by  the  weight  previously  assigned  thereto; 
the  sum  of  the  products  divided  by  the  sum  of  the  weights  will  be  each  member's 
average.  The  mean  of  these  averages  shall  be  the  average  which  the  candidate  obtains 
in  that  subject. 

Final  average. — The  final  average  of  the  candidate  shall  be  calculated  as  follows: 
Multiply  the  average  in  a  subject  by  the  weight  assigned  that  subject;  the  sum  of  the 
products  is  the  final  multiple,  and  the  final  multiple  divided  by  the  sum  of  the 
weights  is  the  final  average. 

Examination  to  include  all  subjects. — The  examination  of  the  candidate  shall 
include  all  the  subjects  required,  whether  he  is  found  satisfactory  or  deficient  in  any 
of  them. 

Continuance  of  examination. — Examinations  shall  continue  from  day  to  day,  Sundays 
and  holidays  excepted,  until  completed. 

Troops  and  material  furnished. — Commanding  officers  of  posts  at  or  in  the  vicinity 
of  which  boards  may  be  appointed  to  meet  shall  furnish,  upon  request,  such  available 
troops  and  material  as  may  be  required  by  examining  boards  in  carrying  out  the  pre- 
scribed examination. 

Written  examinations. — Written  examinations,  which  shall  be  sufficiently  com- 
prehensive to  test  properly  the  officer's  knowledge  of  the  whole  subject,  shall  be  held 
under  the  following  circumstances: 

First.  In  any  subject  or  subjects  prescribed  for  the  promotion  examination  which 
the  record  of  the  officer  shows  that  he  has  pursued  at  the  School  of  Application  and 
in  which  he  has  been  pronounced  deficient. 

Second.  In  any  subject  in  which  the  oral  examination  of  the  candidate  is  unsatis- 
factory— i.e., below  the  mark  of  3.0.  In  such  case  the  written  examination  shall  be 
proceeded  with  at  once.  The  questions  shall  be  prepared  and  weights  assigned,  as  in 
oral  examinations,  and  shall  be  written  (or  typewritten)  immediately  preceding  each 
answer  thereto,  respectively.  The  written  examination  being  completed,  the  mem- 
bers of  the  board  shall  estimate  the  value  of  the  an^vers  given  and  determine  the 
mark  in  the  same  manner  as  required  in  oral  examinations. 

Third.  Whenever,  owing  to  the  exigencies  of  the  service,  it  is  impracticable  for  an 
officer  to  appear  before  an  examining  board .  In  such  case  his  professional  examination 
shall  be  conducted  entirely  in  writing,  in  the  presence  of  an  officer,  either  selected 
by  his  commanding  officer,  or  designated  by  the  convening  authority.  The  proper 
examining  board  shall  prepare  questions  and  problems,  and  forward  them  to  the 
commanding  officer  of  the  officer  to  be  examined,  or  to  the  designated  officer,  with 
instructions  to  have  the  questions  answered  in  writing.  The  solution  of  problems 
shall  be  submitted  in  writing.  The  medical  officers  will  be  specially  designated  by 
the  convening  authority  to  conduct  the  physical  examination;  they  shall  be  subject 
to  challenge  in  the  usual  manner,  and  the  relevancy  and  validity  of  the  challenge 
shall  be  determined  by  the  officer  detailed  to  conduct  the  examination  and  the  two 
medical  officers.  In  case  the  challenge  is  sustained,  that  fact  shall  be  reported  to  the 
convening  authority. 

The  officer  detailed  to  conduct  the  examination  shall  swear  the  two  medical  officers 
in  the  usual  manner.  Should  the  medical  officers  find  the  candidate  incapacitated 
for  service,  further  examination  shall  be  suspended  and  the  facts  reported  to  the 
president  of  the  board,  who  shall  communicate  them  to  the  convening  authority. 

Upon  completion  of  the  examination,  all  the  papers  shall  be  forwarded  to  the  presi- 
dent of  the  board. 

Responsibility  of  recorder. — While  the  recorder  is  specially  charged  with  keeping 
the  record,  he  does  so  under  the  directions  of  the  board,  and  the  board  as  a  whole 
is  responsible  for  its  correctness. 


PROCEEDINGS   OF   A   MARINE   EXAMINING   BOARD. 


277 


Transmission  of  record  upon  completion. — When  the  record  is  complete  it  shall 
be  transmitted  to  the  Judge-Advocate-General  of  the  Navy. 

General  subjects  and  weights. — The  subjects  and  the  weights  assigned  each  in 
calculating  the  final  average  shall  be  as  follows: 

For  promotion  from  second  to  first  lieutenant: 


Subject. 


Administration 

Drill  regulations  and  signaling 

Firing  regulations 

Fire  discipline 

Military  field  engineering 

Naval  and  military  law 

Minor  tactics 

Naval  ordnance  and  gunnery.. 

Military  topography 

General  efficiency 


For  promotion  from  first  lieutenant  to  captain: 


Subject. 


Weight. 

Maxima. 

3 

12 

4 

16 

2 

8 

2 

8 

1 

4 

2 

8 

2 

8 

2 

8 

7 

28 

Administration 

Drill  regulations 

Firing  regulations 

Fire  discipline 

Military  field  engineering 

Naval  and  military  law 

Minor  tactics 

Naval  ordnance  and  gunnery, 
General  efficiency 


25 


100 


For  promotion  from  captain  to  major: 


Sabject. 

Weight. 

Maxima. 

Drill  regulations                             

5 
3 
5 

12 

20 

Naval  and  military  law 

12 

20 

General  efficiency             

48 

25 

100 

Precept. 

Navy  Department, 

Washington,  May  20,  19 — . 

Sir:  A  marine  examining  board,  for  the  examination  of  such  candidates  for  promo- 
tion as  may  be  directed  to  appear  before  it,  is  hereby  ordered  to  convene  at  the  marine 
barracks,  navy-yard,  Mare  Island,  Cal.,  on  Monday,  the  Ist  day  of  June,  19 — ,  at  10 
o'clock  a.  m.,  or  as  soon  thereafter  as  practicable. 

The  board  will  consist  of  yourself  as  pi*e8ident;   and  of  Col.  D E.  F '■ — , 

U.  S.  Marine  Corps,  Medical  Director  G H.  K ,  U.  S.  Navy,  Col.  L 

M.  N ,  U.  S.  Marine  Corps,  and  Surg.  0 P.  Q ,  U.  S.  Navy,  members; 

and  of  First  Lieut.  R S.  T ,  U.  S.  Marine  Corps,  as  recorder. 


278  PROCEEDINGS   OF   A    MARINE   EXAMINING   BOARD. 

The  proceedings  of  the  board  will  be  conducted  in  accordance  with  the  provisions 
of  the  Navy  Regulations  and  the  Forms  of  Procedure  issued  by  the  Navy  Department. 
Very  respectfully, 

C F.  L , 

Secretary  of  the  Navy. 

Col.  A B,  C ,  U.  S.  Marine  Corps, 

Commanding  Marine  Barracks, 
Navy-  Yard,  Mare  Island,  Cat. 

Form  of  precept.— The  above  form  of  precept  will  be  used  whatever  be  the  rank  of 
the  officers  to  be  examined. 

Composition  of  examining  board.— Examining  boards  shall  in  all  cases  consist  of 
not  less  than  five  officers,  three  of  whom  shall,  if  practicable,  be  officers  of  the  Marine 
Corps,  senior  to  the  officer  to  be  examined,  and  two  of  whom  shall  be  medical  officers  of 
the  navy.  When  not  practicable  to  detail  officers  of  the  Marine  Corps  as  members  of 
such  examining  boards,  officers  of  the  line  of  the  navy  shall  be  so  detailed.  (From  act 
approved  July  28,  1892.) 

Professional  examination.— When  the  candidate  holds  the  rank  of  captain  or  below, 
the  board  shall  examine  and  report  upon  (1)  his  general  efficiency,  (2)  his  physical,  and 
(3)  his  professional  fitness  for  promotion;  when  he  holds  the  rank  of  major,  lieutenant- 
colonel,  or  colonel  no  professional  examination  is  required. 


Letter  to  candidate. 

Headquarters  U.  S.  Marine  Corps, 

Washington,  May  28,  19 — . 
Sir:  Proceed  to  Washington,  D.  C,  and  report  to  the  president  of  the  marine 
examining  board,  marine  barracks,  at  10  o'clock  a.  m.,  on  Monday,  the  1st  proximo, 
for  the  examination  preliminary  to  promotion  to  the  next  higher  grade. 

When  discharged  by  the  board,  return  to  your  present  station  and  resume  your 
duties. 

Very  respectfully,  C B.  A , 

Major-General,  Commandant. 

First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps, 

Marine  Barracks,  Navy-  Yard,  New  York. 


Letter  from  tlie  Secretary  of  the  Navy  to  board  concerning 
challenge  of  member. 

Navy  Department, 

Washington,  June  2,  19 — . 
Sir:  Referring  to  your  letter  of  the  1st  instant,  inclosing  extracts  from  the  record 
of  proceedings  of  the  marine  examining  board  of  which  you  are  president,  in  the  case 

of  First  Lieut.  X Y.  Z ,  IT.  S.  Marine  Corps,  relative  to  challenging  of 

Capt.  O P.  Q ,  U.  S.  Marine  Corps,  as  a  member  of  said  board,  you  are 

informed  that  the  Department  considers  the  reasons  urged  by  Lieutenant  Z— to 

be  valid  and  Capt.  LT V.  W ,  U.  S.  Marine  Corps,  is  hereby  appointed  a 

member  of  the  board  in  place  of  Capt.  O P.  Q ,  relieved . 

Very  respectfully. 


F.  L- 


Maj.  A B.  C ,  U.  S.  Marine  Corps, 

President  Marine  Examining  Board, 

Marine  Barracks,  Washington,  D.  C. 
(Or,  in  case  challenge  is  not  regarded  as  valid:) 


Secretary  of  the  Navy. 


PEOCEEDINGS   OF  A   MARINE   EXAMINING   BOARD.  279 

Navy  Department, 

Washington,  June  2,  19 — , 
Sir:  Referring  to  your  letter  of  the  1st  instant,  inclosing  extracts  from  the  record  of 
proceedings  of  the  marine  examining  board  of  which  you  are  president,  in  the  case  of 

First  Lieut.  X Y.  Z ,  II.  S.  Marine  Corps,  relative  to  the  challenging  of 

Capt.  O P.  Q ,  IT.  S.  Marine  Corps,  as  a  member  of  said  board,  you  are 

informed  that  the  Department  does  not  consider  the  reasons  urged  by  Lieutenant 

Z to  be  valid,  and  declines  to  relieve  Captain  Q as  a  member  of  the 

board . 

Very  respectfully,  /  C F.  L , 


Maj.  A B.  C ,  U.  S.  Marine  Corps 

President  Marine  Examining  Board, 
Marine  Barracks,  Washington,  D 


Secretary  of  the  Navy. 


Medical  record  of  First  Lieut.   X Y.  Z ,  U.  S.  Marine 

Corps,  since  last  promotion. 


V L.  D- 


Surgeon-General,  U.  S.  Navy. 


Medical  certificate  of  candidate. 

Marine  Examining  Board, 
Marine  Barracks,  Washington,  D.  C, 

June  1,  19 — . 
I  hereby  certify  that  I  am,  to  the  best  of  my  knowledge  and  belief,  physically 
qualified  to  perform  all  the  duties  pertaining  to  the  grade  to  which  I  am  a  candidate 
for  promotion,  and  that  I  am  free  from  all  bodily  ailments. 

X Y.  Z , 

First  Lieutenant,  U.  S.  Marine  Corps. 

Meaning  of  certificate.— The  above  certificate  is  not  a  mere  matter  of  form,  and, 
regardless  of  whether  an  officer  has  been  doing  duty  or  not,  it  is  intended  to  be  the 
candidate's  statement  of  his  belief  that  he  has  no  physical  ailment  whatever  of  any  kind. 

Statement  not  sworn  to.— The  candidate  is  not  required  to  make  the  statement  under 
oath,  and  should  not  therefore  be  sworn. 


Certificate  of  candidate  at  conclusion  of  examination. 

Marine  Examining  Board, 
Marine  Barracks,  Washington,  D.  C, 

June  10,  19—. 
I  hereby  certify  that  during  my  examination  just  concluded  I  have  received  no 
assistance  from  any  unauthorized  source. 

X Y.  Z , 

First  Lieutenant,  U.  S.  Marine  Corps. 


280  PROCEEDINGS   OF   A    MARINE   EXAMINING   BOARD. 

Report  of  medical  members  to  the  board. 

(See  form  of  report  under  marine  retiring  board,  which  shall  also  be  used  by 
examining  boards.) 


Military  history  of  First  Lieut.  X Y.  Z ,  IT.  S.  Marine 

Corps,  since  last  promotion. 


S.  R- 


Colonel,  Adjutant  and  Inspector. 


Letter    from    president    to    medical    members    when    board 
resolves  itself  into  a  retiring  board. 

Marine  Retiring  Board,  Marine  Barracks, 

Washington,  June  1,  19 — . 

Gentlemen:  You  will  be  pleased  to  make  a  careful  examination  into  the  past  and 

present  physical  condition  of  First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps, 

whose  case  has  been  referred  to  this  board  for  examination,  and  report  as  to  his 
capacity  to  perform  the  duties  appropriate  to  his  commission,  in  conformity  with 
Title  XIV,  chapter  2,  of  the  Revised  Statutes  of  the  United  States. 

Besides  a  personal  examination,  you  will  examine  closely  all  matter  transmitted  to 
the  board  in  this  case  by  the  Commandant  of  the  Marine  Corps  from  the  files  and 
records  of  his  headquarters  and  from  those  of  the  Navy  Department,  and  you  will 
also  endeavor  to  obtain  from  any  other  authentic  source  within  your  reach  such 
information  as  will  aid  the  board  in  the  performance  of  its  duties,  and  will  report 
the  result  in  writing. 

In  case  you  find  the  officer  under  examination  incapacitated  for  active  service, 
you  will  state  whether,  in  yom-  opinion,  his  disability  is  the  result  of  an  incident  of 
the  service. 

Very  respectfully,  A B.  C , 

Major,  U.  S.  Marine  Corps,  President. 

Surgeon  G H.  K ,  U.  S.  Navy. 

Surgeon  L M.  N ,  U.  S.  Navy. 


Report  of   medical   members  to  board   wMch  resolves  itself 
into  retiring  board. 

(See  form  of  report  under  marine  retiring  board,  which  shall  also  be  used  by 
examining  boards.) 


Interrogatories   and   reports  on  fitness  in   the   case  of  First 
liieut.  X Y.  Z ,  U.  S.  Marine  Corps. 


MARINE  RETIRING  BOARD. 


281 


RECORD    OF   PROCEEDINGS 

OP   A 

Marine  Retiring  Board 

CONVENED    AT 

THE  MARINE  BARRACKS,  WASHINGTON,  D.  C, 

IN   THE    CASE    OP 

First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps, 

June  1,  19 — . 


283 


Marine  Retiring  Board, 

Marine  Barracks, 

Washington,  June  2,  19 — . 
The  board  met  at  10  a.  m.,  June  1,  19 —  {or,  this  day),  pursuant 
to  an  order;  copy  prefixed,  marked  ^'A." 
Present : 

Col.  C B.  A ,  U.  S.  Marine  Corps; 

Medical  Inspector  F E.  D ,  U.  S.  Navy; 

Maj.  K H.  G ,  U.  S.  Marine  Corps; 

Maj.  N M.  L ,  U.  S.  Marine  Corps,  and 

Surg.  Q P.  O ,  U.  S.  Navy,  members,  and 

First  Lieut.  T S.  R ,  U.  S.  Marine  Corps,  recorder. 

First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps,  reported  in 

obedience  to  an  order;  copy  prefixed,  marked  ^^B." 

The  precept  was  read  by  the  recorder  and  there  was  no  objection 
to  any  member. 

Challenge. — See  procedure  marine  examining  board  in  case  of  challenge  of  member. 

The  board  and  the  recorder  were  duly  sworn. 

How  oaths  administered.— The  oaths  shall  be  administered  in  the  order  prescribed 
by  the  procedure  for  marine  examining  boards. 
Form  of  oaths. — For  form  of  oaths,  see  naval  examining  board  procedure. 

A  communication  appended,  marked  ^'C,"  was  received  from  the 
Commandant  of  the  Marine  Corps,  transmitting  the  papers  named 

therein    which    are    appended,    marked    '^ "    to    '^ ;"  those 

marked  '^ "  to  ^' ,"  inclusive,  were  read. 

Papers  bearing  on  physical  condition  read. — All  papers  having  any  bearing  on 
the  physical  condition  of  the  officer  under  examination  shall  be  read  as  above  indicated. 

Facts  to  be  inquired  into,  and  powers  of  board. — A  retiring  board  may  inquire  into 
and  determine  the  facts  touching  the  nature  and  occasion  of  the  disability  of  any  officer 
who  appears  to  be  incapable  of  performing  the  duties  of  his  office,  and  shall  have  such 
powers  of  a  court-martial  and  of  a  court  of  inquiry  as  may  be  necessary  for  that  purpose. 
(Sec.  1248,  R.  S.) 

The  medical  officers  were  directed  to  examine  into  the  past  and 

present  physical  condition  of  First  Lieutenant  Z ;  letter  of 

instructions  appended,  marked  ^' ." 

Pending  the  physical  examination  the  board  took  a  recess  (or, 
adjourned)  in  this  case  until  2  o'clock  p.  m.,  June  1,  19 —  (or,  until 
9.30  o'clock  a.  m.,  this  day),  when  it  reconvened;  present,  the  entire 
board  and  the  officer  under  examination. 

285 


286  PROCEEDINGS   OF   A   MARINE   RETIRING   BOARD. 

Officer  desires  retirement.— If  the  officer  desires  retirement,  the  record  shall  be  con- 
tinued as  next  shown;  he  shall  be  examined  first,  after  which  the  medical  officers  shall 
be  examined. 

Officer  does  not  desire  retirement.— If  the  officer  does  not  desire  to  be  retired,  his 
examination,  and  that  of  any  witnesses  he  may  wish  to  call,  shall  be  postponed  until  after 
the  medical  officers  have  been  examined. 

First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps,  was  asked 

whether  he  wished  to  be  retired,  and  repUed  in  the  affirmative.    He 
was  then  duly  sworn  as  a  witness,  and  testified  as  follows : 

Examined  by  the  recorder  (or  by  the  board) : 

1.  "Q.  State  the  nature  of  your  disability,  its  cause,  and  how  long 
you  have  suffered  from  it. 

A.  (The  officer  may  here  make  an  oral  statement  or  submit  a 
written  one.  If  the  latter,  the  record  shall  state) :  The  witness  sub- 
mitted a  written  statement,  which  was  read  and  appended,  marked 
(( >j 

2.  Q.  Is  the  statement  submitted  by  you  correct? 
A.  Yes. 

(The  board  may  then  ask  further  questions.) 

5.  Q.  Do  you  desire  to  make  any  further  statement? 

A  •!*  *t*  't* 

Medical  Inspector  F E.  D ,  U.  S.  Navy,  a  member 

of  the  board,  was  duly  sworn,  and  testified  as  follows: 

Examined  by  the  recorder  {or  by  the  board): 

1.  Q.  Please  submit  to  the  board  the  result  of  your  examination 
of  First  Lieutenant  Z . 

The  witness  submitted  a  written  report,  signed  by  himself  and 

Surg.  Q P.  O ,  U.  S.  Navy,  also  a  member  of  the  board, 

which  was  read  and  appended,  marked  ''— ." 

2.  Q.  From  what  cause  does  First  Lieutenant  Z 's  disability 

proceed  ? 
j^    *     *     * 

3.  Q.  Is  the  disability  permanent? 

4.  Q.  Is  First  Lieutenant  Z — ^'s  disability  such  as  to  incapaci- 
tate him  for  active  service  ? 

A         •!*  't*  *1* 

Examination  of  senior  medical  officer.— The  examination  of  the  witness  should 
be  conducted  so  as  to  bring  out  all  material  facts  on  the  lines  indicated. 

First  Lieutenant  Z stated  that  he  had  no  question  to  ask 

(or  asked  the  following  questions) : 

»  *  ^  *  *  *  * 

other  medical  member  examined.— The  other  medical  member  of  the  board  shall 
then  be  similarly  interrotjated. 

If  officer  does  not  desire  retirement.— The  officer  under  examination  for  retirement, 
in  case  he  does  not  wish  to  be  retired,  shall  next  be  permitled  to  call  witnesses  to  rebut 
the  evidence  of  the  medical  officers,  or  to  make  a  statement,  as  shown  below. 


PROCEEDINGS   OF   A   MARINE   RETIRING  BOARD.  287 

First  Lieutenant  Z stated  that  he  did  not  desire  to  rebut 

the  evidence  of  the  medical  officers,  nor  to  make  a  statement.     He 
was  then  discharged  from  further  attendance. 

Var.  asked      and     received     permission    to     subpcena 

Dr.  A B . 

Dr.  A B appeared,  was  duly  sworn,  and  testified  as 

follows:  (Examined  as  for  defense  in  general  court-martial.) 

First  Lieutenant  Z had  no  other  witnesses  to  call ;  he  made 

a  sworn  statement  appended,  marked  "— — ." 
He  was  then  discharged  from  further  attendance. 
(See  variations  under  naval  examining  board.) 

Findings  of  board.— When  the  board  finds  an  officer  incapacitated  for  active  service, 
it  shall  also  find  and  report  the  cause  which,  in  its  judgment,  has  produced  his  incapacity, 
and  whether  such  cause  is  an  incident  of  the  service. 

The  board,  having  dehberated  on  the  evidence  before  it,  decided 
that  First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps,  is  incapaci- 
tated for  active  service  by  reason  of  (here  state  reason),  and  that 
his  incapacity  is  the  result  of  an  incident  of  the  service. 
The  board  then  adjourned. 

C B.  A , 

Colonel,  U.  S.  Marine  Corps,  President. 

F E.  D , 

Medical  Inspector,  U.  S.  Navy,  Member. 

K H.  G , 

Major,  U.  S.  Marine  Corps,  Member.  ' 

N M.  L , 

Major,  U.  S.  Marine  Corps,  Member. 

Q p.  O , 

Surgeon,  TJ.  S.  Navy,  Member. 

T S.  R , 

First  Lieutenant,  U.  S.  Marine  Corps,  Recorder. 

Var.  1.  decided  that  First  Lieutenant ,  U.  S.  Marine 

Corps,  is  not  incapacitated  for  active  service. 

Var.  2.  decided  that is  temporarily  incapacitated 

for  active  service  by  reason  of  malarial  poisoning,  and  recommends 
that  he  be  granted  sick  leave  for months. 

Var.  3.  decided  that  is  incapacitated  for  active 

service  by  reason  of ,  and  that  his  incapacity  is  not  the  result  of 

an  incident  of  the  service. 

(See  also  variations  under  naval  retiring  board.) 


288  PROCEEDINGS   OF   A    MARINE   RETIRING   BOARD. 

Precept. 

Navy  Department, 

Washington,  May  20,  19 — . 
Sir:  A  retiring  board,  consisting  of  yourself  as  president  and  of  Medical  Inspector 

F E.  D ,  U.  S.  Navy,  Maj.  K H.  G ,  U.  S.  Marine  Corps, 

Maj.  N M.  L ,  U.  S.  Marine  Corps,  and  Surg.  Q P.  O ,  U.  S. 

Navy,  members,  is  hereby  ordered  to  convene  at  the  marine  barracks,  Washington, 
D.  C,  at  10  o'clock  a.  m.,  on  Monday,  June  1, 19 — ,  or  as  soon  thereafter  as  practicable. 

First  Lieut.  T S.  R ,  U.  S.  Marine  Corps,  will  act  as  recorder. 

The  board  will  examine  and  report  upon  such  officers  as  may,  by  the  Secretary  of 
the  Navy,  be  ordered  to  appear  before  it,  in  conformity  with  sections  1622  and  1623, 
and  Title  XIV,  chapter  2,  of  the  Revised  Statutes  of  the  United  States. 
This  employment  on  shore  duty  is  required  by  the  public  interests. 
Very  respectfully, 

C r  .  Li , 


Secretary  of  the  Navy. 

Col.  C B.  A ,  U.  S.  Marine  Corps, 

Commanding  Marine  Barracks, 

Navy-  Yard,  Philadelphia,  Pa. 

Manner  of  retirement. — The  commissioned  officers  of  the  Marine  Corps  shall  be  re- 
tired in  like  cases,  in  the  same  manner,  and  with  the  same  relative  conditions,  in  all 
respects,  as  are  provided  for  officers  of  the  army,  except  as  is  provided  in  the  next  sec- 
tion.   (Sec.  1622,  R.  S.) 

Composition  of  board.— In  the  case  of  an  officer  of  the  Marine  Corps,  the  retiring 
board  shall  be  selected  by  the  Secretary  of  the  Navy,  under  the  direction  of  the  President. 
Two-fifths  of  the  board  shall  be  selected  from  the  Medical  Corps  of  the  Navy,  and  the 
remainder  shall  be  selected  from  officers  of  Marine  Corps,  senior  in  rank,  so  far  as  may  be, 
to  the  officer  whose  disability  is  to  be  inquired  of.    (Sec.  1623,  R.  S.) 

Number  on  board.— A  retiring  board  shall  consist  "of  not  more  than  nine  nor  less 
than  five  officers,  two-fifths  of  whom  shall  be  selected  from  the  Medical  Corps."  (Sec. 
1246,  R.  S.) 


Laetter  to  officer. 

Navy  Department, 

May  28,  19—. 

Sir:  Proceed  to  Washington,  D.  C,  and  report  to  Col.  C V.  A ,  U.  S. 

Marine  Corps,  president  of  a  marine  retiring  board,  at  the  marine  barracks,  at  10  o'clock 
a.  m.,  on  Monday,  June  1,  19 — ,  for  examination  in  conformity  with  sections  1622  and 
1623,  and  Title  XIV,  chapter  2,  of  the  Revised  Statutes  of  the  United  States. 

When  discharged  from  further  attendance  before  the  board,  return  to  your  present 
station  and  resume  your  duties. 

Very  respectfully,  C F.  L , 


Secretary  of  the  Navy. 


First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps, 

Marine  Barracks,  Navy-Yard,  Pensacola,  Fla. 


Record  of  tlie  service  of  First  Lieut.  X Y.  Z ,  U.  S. 

Marine  Corps. 


PEOCEEDINGS  OF  A  MAEINE  KETIRING  BOARD.  289 

Medical  Record  of  First  Lieut.  X Y.  Z ,  U.  S.  Marine 

Corps. 


Letter  to  medical  members  of  board. 

Marine  Retiring  Board,  Marine  Barracks, 

Washington,  June  1,  19 — . 
Gentlemen:  You  will  be  pleased  to  make  a  careful  examination  into  the  past  and 

present  physical  condition  of  First  Lieut.  X Y.  Z ,  U.  S.  Marine  Corps, 

whose  case  has  been  referred  to  this  board  for  examination,  and  report  as  to  his 
capacity  to  perform  the  duties  appropriate  to  his  commission,  in  conformity  with 
Title  XIV,  chapter  2,  of  the  Revised  Statutes  of  the  United  States. 

Besides  a  personal  examination,  you  will  examine  closely  all  matter  transmitted  to 
the  board  in  this  case  by  the  Commandant  of  the  Marine  Corps  from  the  files  and  records 
of  his  headquarters  and  from  those  of  the  Navy  Department,  and  you  will  also  endeavor 
to  obtain  from  any  other  authentic  source  within  your  reach  such  information  as  will 
aid  the  board  in  the  performance  of  its  duties,  and  will  report  the  result  in  writing. 

In  case  you  find  the  officer  under  examination  incapacitated  for  active  service,  you 
will  state  whether,  in  your  opinion,  his  disability  is  the  result  of  an  incident  of  the 
service. 

Very  respectfully,  C B.  A , 

Colonel,  U.  S.  Marine  Corps,  President. 

Medical  Inspector  F^ E.  D ,  U.  S.  Navy. 

Surg.  Q P.  O ,  U.  S.  Navy. 


Report  of  the  medical  members  to  the  board. 

Marine  Barracks,  Washington,  June  2,  19- 

( Surname.)  (Christian  name.) 

(Rank.) 


Age, 

Years  of  service, 


in  19. 


(Note. — This  form  is  intended  as  a  general  guide  only,  and  should  in  no  way  restrict 
the  scope  of  the  inquiry,  which  should  be  as  thorough  as  possible.) 


History  of  the  case  (obtained  from  the  officer  before  the  board) 


8483— 1( 


290  PKOCEEDINGS   OF  A  MARINE  RETIRING  BOARD. 


PRESENT   CONDITION. 


Vision :  Right  eye 

Left  eye 

Right  eye  corrected  to by 

Left  eye  corrected  to by 

Hearing:  Right  ear 

Left  ear 

Pulse :  Rate 

Quality ^ 

Condition  of  arteries 

Figure  and  general  appearance 

Weight pounds;  height inches. 

Chest  measurement:  At  expiration inches. 

At  inspiration inches. 

Mobility 

Bones  and  joints 


Skin 

Nervous  system 


Respiratory  system 


Veins 

Varicocele 

Varicose  veins 

Digestive  system 

Hernia 

Genito-urinary  system 

Is  he  incapacitated  for  active  service? 

Nature  and  degree  of  disability 

How  does  it  incapacitate? 

Is  it  permanent? 

Is  the  incapacity  the  result  of  an  incident  of  service? 


-,  U.S.  Navy. 
-,  U.  S.  Navy. 


ARTICLES  FOR  THE  GOVERNMENT  OF  THE  NAVY. 


291 


ARTICLES 

FOR  THE 


Government  of  the  United  States  Navy. 


The  Navy  of  the  United  States  shall  be  governed  by  the  following 
articles : 

Article  1. 

The  commanders  of  all  fleets,  squadrons,  naval  stations,  and 
vessels  belonging  to  the  navy  are  required  to  show  in  themselves 
a  good  example  of  virtue,  honor,  patriotism,  and  subordination; 
to  be  vigilant  in  inspecting  the  conduct  of  all  persons  who  are 
placed  under  their  command;  to  guard  against  and  suppress  all 
dissolute  and  immoral  practices,  and  to  correct,  according  to  the 
laws  and  regulations  of  the  navy,  all  persons  who  are  guilty  of 
them;  and  any  such  commander  who  offends  against  this  article 
shall  be  punished  as  a  court-martial  may  direct. 

Article  2. 

The  commanders  of  vessels  and  naval  stations  to  which  chaplains 
are  attached  shall  cause  divine  service  to  be  performed  on  Sunday, 
whenever  the  weather  and  other  circumstances  allow  it  to  be  done; 
and  it  is  earnestly  recommended  to  all  officers,  seamen,  and  others 
in  the  naval  service  diligently  to  attend  at  every  performance  of 
the  worship  of  Almighty  God. 

Article  3. 

Any  irreverent  or  unbecoming  behavior  during  divine  service 
shall  be  punished  as  a  general  or  summary  court-martial  may 
direct. 

Article  4. 

The  punishment  of  death,  or  such  other  punishment  as  a  court- 
martial  may  adjudge,  may  be  inflicted  on  any  person  in  the  naval 
service — 

1.  Who  makes,  or  attempts  to  make,  or  unites  with  any  mutiny 
or  mutinous  assembly,  or,  being  witness  to  or  present  at  any  mutiny, 

293 


294  ARTICLES  FOR  THE   GOVERNMENT   OF   THE   NAVY. 

does  not  do  his  utmost  to  suppress  it;  or,  knowing  of  any  mutinous 
assembly  or  of  any  intended  mutiny,  does  not  immediately  com- 
municate his  knowledge  to  his  superior  or  commanding  officer;         • 

2.  Or  disobeys  the  lawful  orders  of  his  superior  officer; 

3.  Or  strikes  or  assaults,  or  attempts  or  threatens  to  strike  or 
assault,  his  superior  officer  while  in  the  execution  of  the  duties  of 
his  office; 

4.  Or  gives  any  intelligence  to,  or  holds  or  entertains  any  inter- 
course with,  an  enemy  or  rebel,  without  leave  from  the  President, 
the  Secretary  of  the  Navy,  the  commander  in  chief  of  the  fleet,  the 
commander  of  the  squadron,  or,  in  case  of  a  vessel  acting  singly, 
from  his  commanding  officer; 

5.  Or  receives  any  message  or  letter  from  an  enemy  or  rebel,  or, 
being  aware  of  the  unlawful  reception  of  such  message  or  letter, 
fails  to  take  the  earliest  opportunity  to  inform  his  superior  or  com- 
manding officer  thereof ; 

6.  Or,  in  time  of  war,  deserts  or  entices  others  to  desert; 

7.  Or,  in  time  of  war,  deserts  or  betrays  his  trust,  or  entices  or 
aids  others  to  desert  or  betray  their  trust ; 

8.  Or  sleeps  upon  his  watch; 

9.  Or  leaves  his  station  before  being  regularly  relieved; 

10.  Or  intentionally  or  willfully  suffers  any  vessel  of  the  navy  to 
be  stranded,  or  run  upon  rocks  or  shoals,  or  improperly  hazarded; 
or  maliciously  or  willfully  injures  any  vessel  of  the  navy,  or  any 
part  of  her  tackle,  armament,  or  equipment,  whereby  the  safety 
of  the  vessel  is  hazarded  or  the  lives  of  the  crew  exposed  to  danger; 

11.  Or  unlawfully  sets  on  fire,  or  otherwise  unlawfully  destroys, 
any  public  property  not  at  the  time  in  possession  of  an  enemy, 
pirate,  or  rebel; 

12.  Or  strikes  or  attempts  to  strike  the  flag  to  an  enemy  or  rebel, 
without  proper  authority,  or,  when  engaged  in  battle,  treacherously 
yields  or  pusillanimously  cries  for  quarter; 

13.  Or,  in  time  of  battle,  displays  cowardice,  negligence,  or  dis- 
affection, or  withdraws  from  or  keeps  out  of  danger  to  which  he 
should  expose  himself ; 

14.  Or,  in  time  of  battle,  deserts  his  duty  or  station,  or  entices 
others  to  do  so ; 

15.  Or  does  not  properly  observe  the  orders  of  his  commanding 
officer,  and  use  his  utmost  exertions  to  carry  them  into  execution, 
when  ordered  to  prepare  for  or  join  in,  or  when  actually  engaged 
in,  battle,  or  while  in  sight  of  an  enemy; 

16.  Or,  being  in  command  of  a  fleet,  squadron,  or  vessel  acting 
singly,  neglects,  when  an  engagement  is  probable,  or  when  an  armed 
vessel  of  an  enemy  or  rebel  is  in  sight,  to  prepare  and  clear  his  ship 
or  ships  for  action; 


ARTICLES  FOR  THE   GOVERNMENT   OF  THE  NAVY.  295 

17.  Or  does  not,  upon  signal  for  battle,  use  his  utmost  exertions 
to  join  in  battle; 

18.  Or  fails  to  encourage,  in  his  own  person,  his  inferior  officers 
and  men  to  fight  courageously; 

19.  Or  does  not  do  his  utmost  to  overtake  and  capture  or  destroy 
any  vessel  which  it  is  his  duty  to  encounter; 

20.  Or  does  not  afford  all  practicable  relief  and  assistance  to 
vessels  belonging  to  the  United  States  or  their  allies  when  engaged 

in  battle. 

Article  5. 

All  persons  who,  in  time  of  war,  or  of  rebellion  against  the  supreme 
authority  of  the  United  States,  come  or  are  found  in  the  capacity 
of  spies,  or  who  bring  or  deliver  any  seducing  letter  or  message  from 
an  enemy  or  rebel,  or  endeavor  to  corrupt  any  person  in  the  navy 
to  betray  his  trust,  shall  suffer  death,  or  such  other  punishment  as. 
a  court-martial  may  adjudge. 

Article  6. 

If  any  person  belonging  to  any  public  vessel  of  the  United  States 
commits  the  crime  of  murder  without  the  territorial  jurisdiction 
thereof,  he  may  be  tried  by  court-martial  and  punished  with  death. 

Article  7. 

A  naval  court-martial  may  adjudge  the  punishment  of  imprison- 
ment for  life,  or  for  a  stated  term,  at  hard  labor,  in  any  case  where 
it  is  authorized  to  adjudge  the  punishment  of  death;  and  such  sen- 
tences of  imprisonment  and  hard  labor  may  be  carried  into  execution 
in  any  prison  or  penitentiary  under  the  control  of  the  United  States, 
or  which  the  United  States  may  be  allowed,  by  the  legislature  of  any 
State  to  use;  and  persons  so  imprisoned  in  the  prison  or  peniten- 
tiary of  any  State  or  Territory  shall  be  subject,  in  all  respects,  to 
the  same  discipline  and  treatment  as  convicts  sentenced  by  the 
courts  of  the  State  or  Territory  in  which  the  same  may  be  situated. 

Article  8. 

Such  punishment  as  a  court-martial  may  adjudge  may  be  in- 
flicted on  any  person  in  the  navy — 

1.  Who  is  guilty  of  profane  swearing,  falsehood,  drunkenness, 
gambUng,  fraud,  theft,  or  any  other  scandalous  conduct  tending  to 
the  destruction  of  good  morals; 

2.  Or  is  guilty  of  cruelty  toward,  or  oppression  or  maltreatment 
of,  any  person  subject  to  his  orders; 

3.  Or  quarrels  with,  strikes,  or  assaults,  or  uses  provoking  or 
reproachful  words,  gestures,  or  menaces  toward,  any  person  in  the 
navy; 


296  ARTICLES  FOR  THE   GOVERNMENT  OF   THE   NAVY. 

4.  Or  endeavors  to  foment  quarrels  between  other  persons  in  the 
navy; 

5.  Or  sends  or  accepts  a  challenge  to  fight  a  duel  or  acts  as  a  second 
in  a  duel; 

6.  Or  treats  his  superior  officer  with  contempt,  or  is  disrespectful 
to  him  in  language  or  deportment,  while  in  the  execution  of  his 
office ; 

7.  Or  joins  in  or  abets  any  combination  to  weaken  the  lawful 
authority  of,  or  lessen  the  respect  due  to,  his  commanding  officer; 

8.  Or  utters  any  seditious  or  mutinous  words; 

9.  Or  is  negligent  or  careless  in  obeying  orders,  or  culpably  ineffi- 
cient in  the  performance  of  duty; 

10.  Or  does  not  use  his  best  exertions  to  prevent  the  unlawful 
destruction  of  public  property  by  others; 

11.  Or,  through  inattention  or  negligence,  suffers  any  vessel  of 
the  navy  to  be  stranded,  or  run  upon  a  rock  or  shoal,  or  hazarded; 

12.  Or,  when  attached  to  any  vessel  appointed  as  convoy  to  any 
merchant  or  other  vessels,  fails  diligently  to  perform  his  duty,  or 
demands  or  exacts  any  compensation  for  his  services,  or  maltreats 
the  officers  or  crews  of  such  merchant  or  other  vessels ; 

13.  Or  takes,  receives,  or  permits  to  be  received,  on  board  the 
vessel  to  which  he  is  attached,  any  goods  or  merchandise  for  freight, 
sale,  or  traffic,  except  gold,  silver,  or  jewels,  for  freight  or  safe  keep- 
ing; or  demands  or  receives  any  compensation  for  the  receipt  or 
transportation  of  any  other  article  than  gold,  silver,  or  jewels,  with- 
out authority  from  the  President  or  Secretary  of  the  Navy; 

14.  Or  knowingly  makes  or  signs,  or  aids,  abets,  directs,  or  pro- 
cures the  making  or  signing  of,  any  false  muster; 

15.  Or  wastes  any  ammunition,  provisions,  or  other  public  prop- 
erty, or,  having  power  to  prevent  it,  knowingly  permits  such  waste; 

16.  Or,  when  on  shore,  plunders,  abuses,  or  maltreats  any  inhab- 
itant, or  injures  his  property  in  any  way ; 

17.  Or  refuses,  or  fails  to  use,  his  utmost  exertions  to  detect, 
apprehend,  and  bring  to  punishment  all  offenders,  or  to  aid  all  per- 
sons appointed  for  that  purpose; 

18. 'Or,  when  rated  or  acting  as  master-at-arms,  refuses  to  receive 
such  prisoners  as  may  be  committed  to  his  charge,  or,  having  re- 
ceived them,  suffers  them  to  escape,  or  dismisses  them  without 
orders  from  the  proper  authority; 

19.  Or  is  absent  from  his  station  or  duty  without  leave,  or  after 
his  leave  has  expired; 

20.  Or  violates  or  refuses  obedience  to  any  lawful  general  order 
or  regulation  issued  by  the  Secretary  of  the  Navy; 

21.  Or,  in  time  of  peace,  deserts  or  attempts  to  desert,  or  aids 
and  entices  others  to  desert; 


ARTICLES  FOR  THE  GOVERNMENT   OP   THE   NAVY.  297 

22.  Or  receives  or  entertains  any  deserter  from  any  other  vessel 
of  the  navy,  knowing  him  to  be  such,  and  does  not,  with  all  con- 
venient speed,  give  notice  of  such  deserter  to  the  commander  of  the 
vessel  to  which  he  belongs,  or  to  the  commander  in  chief,  or  to  the 
commander  of  the  squadron. 

Article  9. 

Any  officer  who  absents  himself  from  his  command  without  leave, 
ma}^,  by  the  sentence  of  a  court-martial,  be  reduced  to  the  rating  of 
an  ordinary  seaman. 

Article  10. 

Any  commissioned  officer  of  the  Navy  or  Marine  Corps  who,  hav- 
ing tendered  his  resignation,  quits  his  post  or  proper  duties  without 
leave,  and  with  intent  to  remain  permanently  absent  therefrom, 
prior  to  due  notice  of  the  acceptance  of  such  resignation,  shall  be 
deemed  and  punished  as  a  deserter. 

Article  11. 

No  person  in  the  naval  service  shall  procure  stores  or  other  arti- 
cles or  supplies  for,  and  dispose  thereof  to,  the  officers  or  enlisted 
men  on  vessels  of  the  navy,  or  at  navy-yards  or  naval  stations,  for 
his  own  account  or  benefit. 

Article  12. 

No  person  connected  with  the  navy  shall,  under  any  pretense, 

import  in  a  public  vessel  any  article  which  is  liable  to  the  payment 

of  duty. 

Article  13. 

Distilled  spirits  shall  be  admitted  on  board  of  vessels  of  war  only 
upon  the  order  and  under  the  control  of  the  medical  officers  of  such 
vessels,  and  to  be  used  only  for  medical  purposes. 

Article  14. 

Fine  and  imprisonment,  or  such  other  punishment  as  a  court- 
martial  may  adjudge,  shall  be  inflicted  upon  any  person  in  the  naval 
service  of  the  United  States — 

1.  Who  presents  or  causes  to  be  presented  to  any  person  in  the 
civil,  military,  or  naval  service  thereof,  for  approval  or  payment,  any 
claim  against  the  United  States  or  any  officer  thereof,  knowing 
such  claim  to  be  false  or  fraudulent;  or 

2.  Who  enters  into  any  agreement  or  conspiracy  to  defraud  the 
United  States  by  obtaining,  or  aiding  others  to  obtain,  the  allow- 
ance or  payment  of  any  false  or  fraudulent  claim;  or 

3.  Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain, 
the    approval,    allowance,    or   payment    of   any   claim    against    the 


298  ARTICLES  FOR  THE  GOVERNMENT   OF  THE   NAVY. 

United  States  or  against  any  officer  thereof,  makes  or  uses,  or  pro- 
cures or  advises  the  making  or  use  of,  any  writing,  or  other  paper, 
knowing  the  same  to  contain  any  false  or  fraudulent  statement;  or 

4.  Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain, 
the  approval,  allowance,  or  payment  of  any  claim  against  the 
United  States  or  any  officer  thereof,  makes,  or  procures,  or  advises 
the  making  of,  any  oath  to  any  fact  or  to  any  writing  or  other 
paper,  knowing  such  oath  to  be  false;  or 

5.  Who,  for  the  purpose  of  obtaining,  or  aiding  others  to  obtain, 
the  approval,  allowance,  or  payment  of  any  claim  against  the  United 
States  or  any  officer  thereof,  forges  or  counterfeits,  or  procures  or 
advises  the  forging  or  counterfeiting  of,  any  signature  upon  any 
writing  or  other  paper,  or  uses,  or  procures  or  advises  the  use  of,  any 
such  signature,  knowing  the  same  to  be  forged  or  counterfeited;  or 

6.  Who,  having  charge,  possession,  custody,  or  control  of  any 
money  or  other  property  of  the  United  States,  furnished  or  intended 
for  the  naval  service  thereof,  knowingly  delivers,  or  causes  to  be 
delivered,  to  any  person  having  authority  to  receive  the  same,  any 
amount  thereof  less  than  that  for  which  he  receives  a  certificate  or 
receipt;  or 

7.  Who,  being  authorized  to  make  or  deliver  any  paper  certifying 
the  receipt  of  any  money  or  other  property  of  the  United  States, 
furnished  or  intended  for  the  naval  service  thereof,  makes,  or 
delivers  to  any  person,  such  writing,  without  having  full  knowledge 
of  the  truth  of  the  statements  therein  contained,  and  with  intent 
to  defraud  the  United  States;  or 

8.  Who  steals,  embezzles,  knowingly  and  willfully  misappropriates, 
applies  to  his  own  use  or  benefit,  or  wrongfully  and  knowingly  sells 
or  disposes  of  any  ordnance,  arms,  equipments,  ammunition,  clothing, 
subsistence  stores,  money,  or  other  property  of  the  United  States, 
furnished  or  intended  for  the  military  or  naval  service  thereof;  or 

9.  Who  knowingly  purchases,  or  receives  in  pledge  for  any  obKga- 
tion  or  indebtedness,  from  any  other  person  who  is  a  part  of  or  em- 
ployed in  said  service,  any  ordnance,  arms,  equipments,  ammunition, 
clothing,  subsistence  stores,  or  other  property  of  the  United  States, 
such  other  person  not  having  lawful  right  to  sell  or  pledge  the  same ;  or 

10.  Who  executes,  attempts,  or  countenances  any  other  fraud 
against  the  United  States. 

And  if  any  person,  being  guilty  of  any  of  the  offenses  described  in 
this  article  while  in  the  naval  service,  receives  his  discharge,  or  is 
dismissed  from  the  service,  he  shall  continue  to  be  liable  to  be  arrested 
and  held  for  trial  and  sentence  by  a  court-martial,  in  the  same 
manner  and  to  the  same  extent  as  if  he  had  not  received  such  dis- 
charge nor  been  dismissed. 


ARTICLES  FOR  THE  GOVERNMENT   OF  THE  NAVY.  299 

Article   15. 

(Repealed  by  section  13  of  the  act  of  March  3,  1899.) 
Article  16. 

No  person  in  the  navy  shall  take  out  of  a  prize,  or  vessel  seized  as 
a  prize,  any  money,  plate,  goods,  or  any  part  of  her  equipment, 
unless  it  be  for  the  better  preservation  thereof,  or  unless  such  articles 
are  absolutely  needed  for  the  use  of  any  of  the  vessels  or  armed 
forces  of  the  United  States,  before  the  same  are  adjudged  lawful  prize 
by  a  competent  court;  but  the  whole,  without  fraud,  concealment, 
or  embezzlement,  shall  be  brought  in,  in  order  that  judgment  may 
be  passed  thereon ;  and  every  person  w  ho  offends  against  this  article 
shall  be  punished  as  a  court-martial  may  direct. 

Article  17. 

If  any  person  in  the  navy  strips  off  the  clothes  of,  or  pillages,  or  in 
any  manner  maltreats,  an}^  person  taken  on  board  a  prize,  he  shall 
suffer  such  punishment  as  a  court-martial  may  adjudge. 

Article  18. 

If  any  officer  or  person  in  the  naval  service  employs  any  of  the 
forces  under  his  command  for  the  purpose  of  returning  any  fugitive 
from  service  or  labor,  he  shall  be  dismissed  from  the  service. 

Article  19. 

Any  officer  who  knowingly  enlists  into  the  naval  service  any 
deserter  from  the  naval  or  military  service  of  the  United  States,  or 
any  insane  or  intoxicated  person,  or  any  minor  between  the  ages  of 
sixteen  and  eighteen  years,  without  the  consent  of  his  parents  or 
guardian,  or  any  minor  under  the  age  of  sixteen  years,  shall  be  dis- 
honorably dismissed  from  the  service  of  the  United  States. 

Article  20. 

Every  commanding  officer  of  a  vessel  in  the  navy  shall  obey  the 
following  rules : 

1.  Whenever  a  man  enters  onboard,  the  commanding  officer  shall 
cause  an  accurate  entry  to  be  made  in  the  ship's  books,  showing  his 
name,  the  date,  place,  and  term  of  his  enlistment,  the  place  or  vessel 
from  which  he  was  received  on  board,  his  rating,  his  descriptive  Hst, 
his  age,  place  of  birth,  and  citizenship,  with  such  remarks  as  may 
be  necessary. 

2.  He  shall,  before  sailing,  transmit  to  the  Secretary  of  the  Navy 
a  complete  list  of  the  rated  men  under  his  command,  showing  the 
particulars  set  forth  in  rule  one,  and  a  list  of  officers  and  passengers. 


300  ARTICLES   FOR   THE   GOVERNMENT   OF   THE    NAVY. 

showing  the  date  of  their  entering.  And  he  shall  cause  similar  lists 
to  be  made  out  on  the  first  day  of  every  third  month  and  transmitted 
to  the  Secretary  of  the  Navy  as  opportunities  occur,  accounting 
therein  for  any  casualty  which  may  have  happened  since  the  last  list. 

3.  He  shall  cause  to  be  accurately  minuted  on  the  ship's  books 
the  names  of  any  persons  dying  or  deserting,  and  the  times  at  which 
such  death  or  desertion  occurs. 

4.  In  case  of  the  death  of  any  officer,  man,  or  passenger  on  said 
vessel,  he  shall  take  care  that  the  paymaster  secures  all  the  property 
of  the  deceased,  for  the  benefit  of  his  legal  representatives. 

5.  He  shall  not  receive  on  board  any  man  transferred  from  any 
other  vessel  or  station  to  him,  unless  such  man  is  furnished  with  an 
account,  signed  by  the  captain  and  paymaster  of  the  vessel  or  station 
from  which  he  came,  specifying  the  date  of  his  entry  on  said  vessel 
or  at  said  station,  the  period  and  term  of  his  service,  the  sums  paid 
him,  the  balance  due  him,  the  quality  in  which  he  was  rated,  and  his 
descriptive  list. 

6.  He  shall,  whenever  officers  or  men  are  sent  from  his  ship,  for 
whatever  cause,  take  care  that  each  man  is  furnished  with  a  complete 
statement  of  his  account,  specif ^ang  the  date  of  his  enlistment,  the 
period  and  term  of  his  service,  and  his  descriptive  list.  Said  account 
shall  be  signed  by  the  commanding  officer  and  paymaster. 

7.  He  shall  cause  frequent  inspections  to  be  made  into  the  condi- 
tion of  the  provisions  on  his  ship,  and  use  every  precaution  for  their 
preservation. 

8.  He  shall  frequently  consult  with  the  surgeon  in  regard  to  the 
sanitary  condition  of  his  crew,  and  shall  use  all  proper  means  to 
preserve  their  health.  And  he  shall  cause  a  convenient  place  to  be 
set  apart  for  sick  or  disabled  men,  to  which  he  shall  have  them 
removed,  with  their  hammocks  and  bedding,  when  the  surgeon  so 
advises,  and  shall  direct  that  some  of  the  crew  attend  them  and  keep 
the  place  clean. 

9.  He  shall  attend  in  person,  or  appoint  a  proper  officer  to  attend, 
when  his  crew  is  finally  paid  off,  to  see  that  justice  is  done  to  the 
men  and  to  the  United  States  in  the  settlement  of  the  accounts. 

10.  He  shall  cause  the  Articles  for  the  Government  of  the  Navy 
to  be  hung  up  in  some  public  part  of  the  ship  and  read  once  a  month 
to  his  ship's  company. 

Every  commanding  officer  who  offends  against  the  provisions  of 
this  article  shall  be  punished  as  a  court-martial  may  direct. 

Article  21. 

When  the  crew  of  any  vessel  of  the  United  States  are  separated 
from  their  vessel  by  means  of  her  wreck,  loss,  or  destruction,  all  the 
command  and  authority  given  to  the  officers  of  such  vessel  shall 


ARTICLES   FOR  THE   GOVERNMENT   OF   THE   NAVY.  301 

remain  in  full  force  until  such  ship's  company  shall  be  regularly 
discharged  from  or  ordered  again  into  service,  or  until  a  court-martial 
or  court  of  inquiry  shall  be  able  to  inquire  into  the  loss  of  said  vessel. 
And  if  any  officer  or  man,  after  such  wreck,  loss,  or  destruction,  acts 
contrary  to  the  discipline  of  the  navy,  he  shall  be  punished  as  a  court- 
martial  may  direct. 

Article  22. 

All  offenses  committed  by  persons  belonging  to  the  navy  which 
are  not  specified  in  the  foregoing  articles  shall  be  punished  as  a  court- 
martial  may  direct. 

(Fraudulent  enlistment  and  the  receipt  of  pay  and  allowances  thereunder  are,  by 
the  act  of  March  2,  1893,  made  punishable  under  this  article.) 

Article  23. 

All  offenses  committed  by  persons  belonging  to  the  navy  while 
on  shore  shall  be  punished  in  the  same  manner  as  if  they  had  been 
committed  at  sea. 

Article  24. 

No  commander  of  a  vessel  shall  inflict  upon  a  commissioned  or 
warrant  ofhcer  any  other  punishment  than  private  reprimand,  sus- 
pension from  duty,  arrest,  or  confinement,  and  such  suspension, 
arrest,  or  confinement  shall  not  continue  longer  than  ten  days,  unless 
a  further  period  is  necessary  to  bring  the  oifender  to  trial  by  a  court- 
martial;  nor  shall  he  inflict,  or  cause  to  be  inflicted,  upon  any  petty 
officer,  or  person  of  inferior  rating,  or  marine,  for  a  single  offense,  or 
at  any  one  time,  any  other  than  one  of  the  following  punishments, 
namely : 

1.  Reduction  of  any  rating  established  by  himself. 

2.  Confinement,  with  or  without  irons,  single  or  double,  not  exceed- 
ing ten  days,  unless  further  confinement  be  necessary  in  the  case  of  a 
prisoner  to  be  tried  by  court-martial. 

3.  Solitary  confinement,  on  bread  and  water,  not  exceeding  five 
days. 

4.  Solitary  confinement  not  exceeding  seven  days. 

5.  Deprivation  of  liberty  on  shore. 

6.  Extra  duties. 

No  other  punishment  shall  be  permitted  on  board  of  vessels  belong- 
ing to  the  navy,  except  by  sentence  of  a  general  or  summary  court- 
martial.  All  punishments  inflicted  by  the  commander,  or  by  his 
order,  except  reprimands,  shall  be  fully  entered  upon  the  ship's  log. 

(See  remarks  at  Article  30,  as  to  use  of  irons.) 


302  ARTICLES   FOR   THE   GOVERNMENT   OF   THE   NAVY. 

Article  25. 

No  officer  who  may  command  by  accident,  or  in  the  absence  of 
the  commanding  officer,  except  when  such  commanding  officer  is 
absent  for  a  time  by  leave,  shall  inffict  any  other  punishment  than 
confinement. 

Article  26. 

Summary  courts-martial  may  be  ordered  upon  petty  officers  and 
persons  of  inferior  ratings,  by  the  commander  of  any  vessel,  or  by 
the  commandant  of  any  navy-yard,  naval  station,  or  marine  barracks 
to  which  they  belong,  for  the  trial  of  offenses  which  such  officer  may 
deem  deserving  of  greater  punishment  than  such  commander  or 
commandant  is  authorized  to  inffict,  but  not  sufficient  to  require 
trial  by  a  general  court-martial. 

Article  27. 

A  summary  court-martial  shall  consist  of  three  officers  not  below 
the  rank  of  ensign,  as  members,  and  of  a  recorder.  The  commander 
of  a  ship  may  order  any  officer  under  his  command  to  act  as  such 
recorder. 

Article  28. 

Before  proceeding  to  trial  the  members  of  a  summary  court- 
martial  shall  take  the  following  oath  or  affirmation,  which  shall  be 
administered  by  the  recorder:  '^  I,  A  B,  do  swear  (or  affirm)  that  I  will 
well  and  truly  try,  without  prejudice  or  partiality,  the  case  now 
depending,  according  to  the  evidence  which  shall  be  adduced,  the 
laws  for  the  government  of  the  navy,  and  my  own  conscience." 
After  which  the  recorder  of  the  court  shall  take  the  following  oath 
or  affirmation,  which  shall  be  administered  by  the  senior  member  of 
the  court:  ''  I,  A  B,  do  swear  (or  affirm)  that  I  will  keep  a  true  record 
of  the  evidence  which  shall  be  given  before  this  court  and  of  the 
proceedings  thereof." 

Article  29. 

All  testimony  before  a  summary  court-martial  shall  be  given  orally, 
upon  oath  or  affirmation,  administered  by  the  senior  member  of  the 
court. 

Article  30. 

Summary  courts-martial  may  sentence  petty  officers  and  persons 
of  inferior  ratings  to  any  one  of  the  following  punishments,  namely: 

1.  Discharge  from  the  service  with  bad-conduct  discharge;  but 
the  sentence  shall  not  be  carried  into  effect  in  a  foreign  country. 

2.  Solitary  confinement,  not  exceeding  thirty  days,  in  irons, 
single  or  double,  on  bread  and  water  or  on  diminished  rations. 


AKTICLES   FOR   THE   GOVERNMENT   OF   THE   NAVY.  303 

3.  Solitary  confinement  in  irons,  single  or  double,  not  exceeding 
thirty  days. 

4.  Solitary  confinement  not  exceeding  thirty  days. 

5.  Confinement  not  exceeding  two  months. 

6.  Reduction  to  next  inferior  rating. 

7.  Deprivation  of  liberty  on  shore  on  foreign  station. 

8.  Extra  police  duties,  and  loss  of  pay,  not  to  exceed  three  months, 
may  be  added  to  any  of  the  above-mentioned  punishments. 

(This  article  is  modified  by  section  8  of  the  act  of  February  16,  1909,  which  provides 
"That  the  courts  authorized  to  impose  the  punishments  prescribed  by  article  thirty  of 
the  'Articles  for  the  Government  of  the  Navy '  may  adjudge  either  a  part  or  the  whole, 
as  may  be  appropriate,  of  any  one  of  the  punishments  therein  enumerated:  Provided, 
That  the  use  of  irons,  single  or  double,  is  hereby  abolished  except  for  the  purpose  of 
safe  custody  or  when  part  of  a  sentence  imposed  by  a  general  court-martial.") 

Article  31. 

A  summary  court-martial  may  disrate  any  rated  person  for  incom- 
petency. 

Article  32. 

No  sentence  of  a  summary  court-martial  shall  be  carried  into 
execution  until  the  proceedings  and  sentence  have  been  approved 
by  the  officer  ordering  the  court  and  by  the  commander  in  chief, 
or,  in  his  absence,  by  the  senior  officer  present.  And  no  sentence 
of  such  court  which  involves  loss  of  pay  shall  be  carried  into  exe- 
cution until  the  proceedings  and  sentence  have  been  approved  by 
the  Secretary  of  the  Navy. 

(This  article  is  modified  by  section  17  of  the  act  of  February  16, 1909,  which  provides 
"That  all  sentences  of  summary  courts-martial  may  be  carried  into  effect  upon  the 
approval  of  the  senior  ofllicer  present,  and  all  sentences  of  deck  courts  may  be  carried 
into  effect  upon  approval  of  the  convening  authority  or  his  successor  in  office.") 

Article  33. 

The  officer  ordering  a  summary  court-martial  shall  have  power 
to  remit,  in  part  or  altogether,  but  not  to  commute,  the  sentence 
of  the  court.  And  it  shall  be  his  duty  either  to  remit  any  part  or 
the  whole  of  any  sentence,  the  execution  of  which  would,  in  the 
opinion  of  the  surgeon  or  senior  medical  officer  on  board,  given  in 
writing,  produce  serious  injury  to  the  health  of  the  person  sentenced; 
or  to  submit  the  case  again,  without  delay,  to  the  same  or  to  another 
summary  court-martial,  which  shall  have  power,  upon  the  testimony 
already  taken,  to  remit  the  former  punishment  and  to  assign  some 
other  of  the  authorized  punishments  in  the  place  thereof. 

(This  article  is  modified  by  section  9  of  the  act  of  February  16, 1909,  which  provides 
"That  the  Secretary  of  the  Navy  may  set  aside  the  proceedings  or  remit  or  mitigate,  in 
whole  or  in  part,  the  sentence  imposed  by  any  naval  court-martial  convened  by  his 
order  or  by  that  of  any  officer  of  the  Navy  or  Marine  Corps.") 


304  AKTICLES  FOR   THE   GOVERNMENT   OF   THE   NAVY. 

Article  34. 

The  proceedings  of  summary  courts  shall  be  conducted  with  as 
much  conciseness  and  precision  as  may  be  consistent  with  the  ends 
of  justice  and  under  such  forms  and  rules  as  may  be  prescribed  by 
the  Secretary  of  the  Navy,  with  the  approval  of  the  President,  and 
all  such  proceedings  shall  be  transmitted  in  the  usual  mode  to  the 
Navy  Department,  where  they  shall  be  kept  on  file  for  a  period  of 
two  years  from  date  of  trial,  after  which  time  they  may  be  destroyed, 
in  the  discretion  of  the  Secretary  of  the  Navy. 

(This  article  was  specifically  amended  as  above  given  by  the  act  of  February  16, 
1909.) 

Article  35. 

Any  punishment  which  a  summary  court-martial  is  authorized 
to  inflict  may  be  inflicted  by  a  general  court-martial. 

Article  36. 

No  ofl^cer  shall  be  dismissed  from  the  naval  service  except  by  the 
order  of  the  President  or  by  sentence  of  a  general  court-martial ;  and 
in  time  of  peace  no  officer  shall  be  dismissed  except  in  pursuance  of 
the  sentence  of  a  general  court-martial  or  in  mitigation  thereof. 

Article  37. 

When  any  officer,  dismissed  by  order  of  the  President  since  3d 
of  March,  1865,  makes,  in  writing,  an  application  for  trial,  setting 
forth,  under  oath,  that  he  has  been  wrongfully  dismissed,  the 
President  shall,  as  soon  as  the  necessities  of  the  service  may  per- 
mit, convene  a  court-martial  to  try  such  officer  on  the  charges  on 
which  he  shall  have  been  dismissed.  And  if  such  court-martial 
shall  not  be  convened  within  six  months  from  the  presentation  of 
such  application  for  trial,  or  if  such  court,  being  convened,  shall 
not  award  dismissal  or  death  as  the  punishment  of  such  ofiicer, 
the  order  of  dismissal  by  the  President  shall  be  void. 

Article  38. 

General  courts-martial  may  be  convened  by  the  President,  the 
Secretary  of  the  Navy,  or  the  commander  in  chief  of  a  fleet  or 
squadron;  but  no  commander  of  a  fleet  or  squadron  in  the  waters 
of  the  United  States  shall  convene  such  court  without  express 
authority  from  the  President. 

(This  article  is  modified  by  section  10  of  the  act  of  February  16,  1909,  which  provides 
''That  general  courts-martial  may  be  convened  by  the  President,  by  the  Secretary  of 
the  Navy,  by  the  commander  in  chief  of  a  fleet  or  squadron,  and  by  the  commanding 
ofiicer  of  any  naval  station  beyond  the  continental  limits  of  the  United  States.") 


A^TIGJi^FOR   THE   GOVERNMENT   OF   THE   NAVY.  305 

Article  39. 

A  general  court-martial  shall  consist  of  not  more  than  thirteen 
nor  less  than  five  commissioned  officers  as  members;  and  as  many 
officers,  not  exceeding  thirteen,  as  can  be  convened  without  injury 
to  the  service,  shall  be  summoned  on  every  such  court.  But  in  no 
case,  where  it  can  be  avoided  without  injury  to  the  service,  shall 
more  than  one-half,  exclusive  of  the  president,  be  junior  to  the 
officer  to  be  tried.  The  senior  officer  shall  always  preside  and  the 
others  shall  take  place  according  to  their  rank. 

Article  40. 

The  president  of  the  general  court-martial  shall  administer  the 
following  oath  or  affirmation  to  the  judge -advocate  or  person 
officiating  as  such : 

"I,  A  B,  do  swear  (or  affirm)  that  I  will  keep  a  true  record  of  the 
evidence  given  to  and  the  proceedings  of  this  court;  that  I  will 
not  divulge  or  by  any  means  disclose  the  sentence  of  the  court  until 
it  shall  have  been  approved  by  the  proper  authority;  and  that  I 
will  not  at  any  time  divulge  or  disclose  the  vote  or  opinion  of  any 
particular  member  of  the  court,  unless  required  so  to  do  before  a 
court  of  justice  in  due  course  of  law." 

This  oath  or  affirmation  being  duly  administered,  each  member 
of  the  court,  before  proceeding  to  trial,  shall  take  the  following 
oath  or  affirmation,  which  shall  be  administered  by  the  judge- 
advocate  or  person  officiating  as  such : 

^'I,  A  B,  do  swear  (or  affirm)  that  I  will  truly  try,  without  preju- 
dice or  partiality,  the  case  now  depending,  according  to  the  evidence 
which  shall  come  before  the  court,  the  rules  for  the  government  of 
the  navy,  and  my  own  conscience;  that  I  will  not  by  any  means 
divulge  or  disclose  the  sentence  of  the  court  until  it  shall  have  been 
approved  by  the  proper  authority;  and  that  I  will  not  at  any  time 
divulge  or  disclose  the  vote  or  opinion  of  any  particular  member  of 
the  court,  unless  required  so  to  do  before  a  court  of  justice  in  due 
course  of  law." 

Article  41. 

An  oath  or  affirmation  in  the  following  form  shall  be  administered 
to  all  witnesses,  before  any  court-martial,  by  the  president  thereof: 

''You  do  solemnly  swear  (or  affirm)  that  the  evidence  you  shall 
give  in  the  case  now  before  this  court  shall  be  the  truth,  the  whole 
truth,  and  nothing  but  the  truth,  and  that  you  will  state  everything 
within  your  knowledge  in  relation  to  the  charges.  So  help  you  God; 
(or,  'this  you  do  under  the  pains  and  penalties  of  perjury')." 
8483—10 20 


306  ARTICLES   FOR   THE   GOVERNMENT    OF   THE    NAVY. 

Article  42. 

Whenever  any  person  refuses  to  give  his  evidence  or  to  give  it  in 
the  manner  provided  by  these  articles,  or  prevaricates,  or  behaves 
with  contempt  to  the  court,  it  shall  be  lawful  for  the  court  to 
imprison  him  for  any  time  not  exceeding  two  months, 

(Sections  11  and  12  of  the  act  of  February  16, 1909,  also  provide  ''That  a  naval  court- 
martial  or  court  of  inquiry  shall  have  power  to  issue  like  process  to  compel  witnesses 
to  appear  and  testify  which  United  States  courts  of  criminal  jurisdiction  within  the 
State,  Territory,  or  District  where  such  naval  court  shall  be  ordered  to  sit  may  law- 
fully issue. 

''That  any  person  duly  subpoenaed  to  appear  as  a  witness  before  a  general  court- 
martial  or  court  of  inquiry  of  the  navy,  who  willfully  neglects  or  refuses  to  appear,  or 
refuses  to  qualify  as  a  witness  or  to  testify  or  produce  documentary  evidence  which 
such  person  may  have  been  legally  subpoenaed  to  produce,  shall  be  deemed  guilty 
of  a  misdemeanor,  for  which  such  person  shall  be  punished  on  information  in  the 
district  court  of  the  United  States;  and  it  shall  be  the  duty  of  the  United  States 
district  attorney,  on  the  certification  of  the  facts  to  him  by  such  naval  court,  to  file 
an  information  against  and  prosecute  the  person  so  offending,  and  the  punishment 
of  such  person,  on  conviction,  shall  be  a  fine  of  not  more  than  five  hundred  dollars 
or  imprisonment  not  to  exceed  six  months,  or  both,  at  the  discretion  of  the  court: 
Provided,  That  this  shall  not  apply  to  persons  residing  beyond  the  State,  Territory,  or 
District  in  which  such  naval  court  is  held,  and  that  the  fees  of  such  witness  and  his 
mileage  at  the  rates  provided  for  witnesses  in  the  United  States  district  court  for  the 
State,  Territory,  or  District  shall  be  duly  paid  or  tendered  said  witness,  such  amounts 
to  be  paid  by  the  Bureau  of  Supplies  and  Accounts  out  of  the  appropriation  for  com- 
pensation of  witnesses:  Provided  further,  That  no  witness  shall  be  compelled  to  incrim- 
inate himself  or  to  answer  any  question  which  may  tend  to  incriminate  or  degrade 
him.") 

Article  43. 

The  person  accused  shall  be  furnished  with  a  true  copy  of  the 
charges,  with  the  specifications,  at  the  time  he  is  put  under  arrest; 
and  no  other  charges  than  those  so  furnished  shall  be  urged  against 
him  at  the  trial,  unless  it  shall  appear  to  the  court  that  intelligence 
of  such  other  charge  had  not  reached  the  officer  ordering  the  court 
when  the  accused  was  put  under  arrest,  or  that  some  witness  mate- 
rial to  the  support  of  such  charge  was  at  that  time  absent  and  can 
be  produced  at  the  trial;  in  which  case  reasonable  time  shall  be 
given  to  the  accused  to  make  his  defense  agaiust  such  new  charge. 

Article  44. 

Every  officer  who  is  arrested  for  trial  shall  deliver  up  his  sword 
to  his  commandiug  officer  and  confine  himself  to  the  limits  assigned 
him,  on  pain  of  dismissal  from  the  service. 


AKTICLES   FOR   THE   GOVEENMENT   OF   THE   NAVY.  307 

Article  45. 

When  the  proceedings  of  any  general  court-martial  have  com- 
menced they  shall  not  be  suspended  or  delayed  on  account  of  the 
absence  of  any  of  the  members,  provided  five  or  more  are  assem- 
bled; but  the  court  is  enjoined  to  sit  from  day  to  day,  Sundays 
excepted,  until  sentence  is  given,  unless  temporarily  adjourned  by 
the  authority  which  convened  it. 

Article  46. 

No  member  of  a  general  court-martial  shall,  after  the  proceed- 
ings are  begun,  absent  himself  therefrom,  except  in  case  of  sick- 
ness, or  of  an  order  to  go  on  duty  from  a  superior  officer,  on  pain 
of  being  cashiered. 

Article  47. 

Whenever  any  member  of  a  court-martial,  from  any  legal  cause, 
is  absent  from  the  court  after  the  commencement  of  a  case,  all  the 
witnesses  who  have  been  examined  during  his  absence  must,  when 
he  is  ready  to  resume  his  seat,  be  recalled  by  the  court,  and  the 
recorded  testimony  of  each  witness  so  examined  must  be  read  over 
to  him,  and  such  witness  must  acknowledge  the  same  to  be  correct 
and  be  subject  to  such  further  examination  as  the  said  member 
may  require.  Without  a  compliance  with  this  rule,  and  an  entry 
thereof  upon  the  record,  a  member  who  shall  have  been  absent 
during  the  examination  of  a  witness  shall  not  be  allowed  to  sit  again 
in  that  particular  case. 

Article  48. 

Whenever  a  court-martial  sentences  an  officer  to  be  suspended,  it 
may  suspend  his  pay  and  emoluments  for  the  whole  or  any  part  of 
the  time  of  his  suspension. 

Article  49. 

In  no  case  shall  punishment  by  flogging,  or  by  branding,  mark- 
ing, or  tattooing  on  the  body  be  adjudged  by  any  court-martial  or 
be  inflicted  upon  any  person  in  the  navy. 

Article  50. 

No  person  shall  be  sentenced  by  a  court-martial  to  suffer  death, 
except  by  the  concurrence  of  two-thirds  of  the  members  present, 
and  in  the  cases  where  such  punishment  is  expressly  provided  in 
these  articles.  All  other  sentences  may  be  determined  by  a  majority 
of  votes. 


308  AKTICLES   FOR   THE   GOVERNMENT   OF   THE   NAVY. 

Article  51. 

It  shall  be  the  duty  of  a  court-martial,  in  all  cases  of  conviction, 
to  adjudge  a  punishment  adequate  to  the  nature  of  the  offense;  but 
the  members  thereof  may  recommend  the  person  convicted  as  deserv- 
ing of  clemency,  and  state,  on  the  record,  their  reasons  for  so  doing. 

Article  52. 

The  judgment  of  every  court-martial  shall  be  authenticated  by  the 
signature  of  the  president  and  of  every  member  who  may  be  present 
when  said  judgment  is  pronounced,  and  also  of  the  judge-advocate. 

Article  53. 

No  sentence  of  a  court-martial,  extending  to  the  loss  of  life,  or  to 
the  dismissal  of  a  commissioned  or  warrant  officer,  shall  be  carried 
into  execution  until  confirmed  by  the  President.  All  other  sentences 
of  a  general  court-martial  may  be  carried  into  execution  on  confir- 
mation of  the  commander  of  the  fleet  or  officer  ordering  the  court. 

Article  54. 

Every  officer  who  is  authorized  to  convene  a  general  court-martial 
shall  have  power,  on  revision  of  its  proceedings,  to  remit  or  mitigate, 
but  not  to  commute,  the  sentence  of  any  such  court  which  he  is 
authorized  to  approve  and  confirm. 

(This  article  is  affected  by  section  9  of  the  act  of  February  16,  1909;  see  amend- 
ment at  article  33,  A.  G.  N.) 

Article  55. 

Courts  of  inquiry  may  be  ordered  by  the  President,  the  Secretary 
of  the  Navy,  or  the  commander  of  a  fleet  or  squadron. 

Article  56. 

A  court  of  inquiry  shall  consist  of  not  more  than  three  commis- 
sioned officers  as  members,  and  of  a  judge-advocate,  or  person 
officiating  as  such. 

Article  57. 

Courts  of  inquiry  shall  have  power  to  summon  witnesses,  admin- 
ister oaths,  and  punish  contempts  in  the  same  manner  as  courts- 
martial;  but  they  shall  only  state  facts,  and  shall  not  give  their 
opinion  unless  expressly  required  so  to  do  in  the  order  for  convening. 

(This  article  is  affected  by  sections  11  and  12  of  the  act  of  February  16,  1909;  see 
amendment  at  article  42,  A.  G.  N.) 

Article  58. 

The  judge-advocate,  or  person  officiating  as  such,  shall  administer 
to  the  members  the  following  oath  or  affirmation:  "You  do  swear 
{or  affirm)  well  and  truly  to  examine  and  inquire,  according  to  the 


ARTICLES   FOR   THE   GOVERNMENT   OF   THE   NAVY.  309 

evidence,  into  the  matter  now  before  you  without  partiahty." 
After  which  the  president  shall  administer  to  the  judge-advocate, 
or  person  officiating  as  such,  the  following  oath  or  affirmation: 
''You  do  swear  (or  affirm)  truly  to  record  the  proceedings  of  this 
court  and  the  evidence  to  be  given  in  the  case  in  hearing." 

Article  59. 

The  party  whose  conduct  shall  be  the  subject  of  inquiry,  or  his 
attorney,  shall  have  the  right  to  cross-examine  all  the  witnesses. 

Article  60. 

The  proceedings  of  courts  of  inquiry  shall  be  authenticated  by 
the  signature  of  the  president  of  the  court  and  of  the  judge-advo- 
cate, and  shall,  in  all  cases  not  capital,  nor  extending  to  the  dis- 
missal of  a  commissioned  or  warrant  officer,  be  evidence  before  a 
court-martial,  provided  oral  testimony  can  not  be  obtained. 

Article  61. 

No  person  shall  be  tried  by  court-martial  or  otherwise  punished 
for  any  offense,  except  as  provided  in  the  following  article,  which 
appears  to  have  been  committed  more  than  two  years  before  the 
issuing  of  the  order  for  such  trial  or  punishment,  unless  by  reason 
of  having  absented  himself,  or  for  some  other  manifest  impediment, 
he  shall  not  have  been  amenable  to  justice  within  that  period. 

Article  62. 

No  person  shall  be  tried  by  court-martial  or  otherwise  punished 
for  desertion  in  time  of  peace  committed  more  than  two  years  before 
the  issuing  of  the  order  for  such  trial  or  punishment,  unless  he  shall 
meanwhile  have  absented  himself  from  the  United  States,  or  by 
reason  of  some  other  manifest  impediment  shall  not  have  been 
amenable  to  justice  within  that  period,  in  which  case  the  time  of 
his  absence  shall  be  excluded  in  computing  the  period  of  the  limi- 
tation: Provided,  That  said  limitation  shall  not  begin  until  the  end 
of  the  term  for  which  said  person  was  enlisted  in  the  service. 

Article  63. 

Whenever,  by  any  of  the  articles  for  the  government  of  the 
navy  of  the  United  States,  the  punishment  on  conviction  of  an 
offense  is  left  to  the  discretion  of  the  court-martial,  the  punishment 
therefor  shall  not,  in  time  of  peace,  be  in  excess  of  a  limit  which  the 
President  may  prescribe. 


LIMITATIONS  TO  PUNISHMENTS  IN  TIME 
OF  PEACE. 


311 


Limitations  to  Punishments. 


The  following  limitations  to  the  punishment  of  officers  and  enlisted  men,  in 
time  of  peace,  by  naval  general  courts-martial,  have  been  prescribed  by  the  Presi- 
dent, and  shall  not  be  exceeded: 


Limit  of  punishment. 


Under  Article  3. 

Irreverent  or  unbecoming  behavior  during  divine 
service. 

Under  Article  4. 

Making  or  attempting  to  make,  or  uniting  with, 
any  mutiny  or  mutinous  assembly. 


Being  witness  to  or  present  at  any  mutiny,  does 
not  do  his  utmost  to  suppress  it. 


Knowing  of  any  mutinous  assembly  or  of  any 
intended  mutiny,  does  not  immediately  com- 
municate his  knowledge  to  his  superior  or  com- 
manding officer. 

Disobeying  lawful  order  of  sui)erior  officer. 


Striking,  assaulting,  or  attempting  or  threatening 
to  strike  or  assault  his  superior  officer  while  in 
the  execution  of  duties  of  office. 


Sleeping  on  watch  or  post: 

1.  Officer  of  the  watch. 

2.  Sentinel. 

3.  Lookout. 

4.  Petty  or  noncommissioned  officer  on  watch 
or  guard. 

Leaving  station  or  post  before  being  regularly  re- 
lieved: 

1.  Officer. 

2.  Petty  or  noncommissioned  officer. 

3.  Sentinel. 

4.  Lookout. 


Intentionally  or  willfully  suffering  a  vessel  of  the 
Navy  to  be  run  upon  a  rock  or  shoal,  or  to  be 
improperly  hazarded. 

Unlawfully  setting  on  fire  or  destroying  public 
property  not  in  possession  of  pirate,  enemy,  or 
rebel. 


Officer:  To  lose  three  numbers. 

Enlisted  man:  Confinement  for  three  months. 


Officer:  Dismissal  and  imprisomnent  at  hard  labor 

for  ten  years. 
Enlisted  man:  Imprisonment  at  hard  labor  for  ten 

years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  ten  years. 
Enlisted  man:  Imprisonment  at  hard  labor  for  ten 

years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  ten  years. 
Enlisted  man:  Imprisonment  at  hard  labor  for  ten 

years  and  dishonorable  discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  five  years. 
Enlisted  man:  Imprisonment  at  hard  labor  for  five 

years  and  dishonorable  discharge. 


1.  Dismissal. 

2.  Confinement  for  one  year  and  dishonorable  dis- 
charge. 

3.  Confinement  for  one  year  and  dishonorable  dis- 
charge. 

4.  Confinement  for  one  year  and  dishonorable  dis- 
charge. 


1.  Dismissal. 

2.  Confinement  for  one  year  and  dishonorable  dis- 
charge. 

3.  Confinement  for  one  year  and  dishonorable  dis- 
charge. 

4.  Confinement  for  one  year  and  dishonorable  dis- 
charge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  twenty  years. 
Enlisted   man:  Imprisonment   at   hard   labor   for 

twenty  years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  twenty  years. 
Enlisted  man:  Imprisonment  for  twenty  years  at 

hard  labor  and  dishonorable  discharge. 


313 


314 


LIMITATIONS   TO   PUNISHMENTS. 


Refusing   to   obey   the   lawful   order   of  sui)erior 
officer. 


Maliciously  or  willfully  injuring  any  vessel  of  the 
Navy  or  any  part  of  her  tackle,  armament,  or 
equipment,  whereby  the  safety  of  the  vessel  is 
hazarded,  or  lives  of  crew  exposed  to  danger. 


Under  Article  6. 


Murder. 


Under  Article  8. 
Profane  swearing. 

Falsehood. 

Drunkenness  on  duty. 

Drunkenness. 

Gambling. 

Fraud. 


Theft: 

1.  Above  one  hundred  dollars. 


2.  Between  fifty  and  one  hundred  dollars. 


3.  Under  fifty  dollars. 


Scandalous  conduct  tending  to  the  destruction  of 
good  morals. 


Cruelty  toward,  or  oppression  or  maltreatment 
of,  any  person  subject  to  his  orders. 

Quarreling  with,  striking  or  assaulting,  or  using 
provoking  or  reproachful  words,  gestures,  or 
menaces  toward  any  person  in  the  navy. 

Endeavoring  to  foment  quarrels  between  other  per- 
sons in  the  navy. 

Sending  or  accepting  a  challenge  to  fight  a  duel,  or 
acting  as  second  in  a  duel. 


Treating  his  superior  officer  with  contempt,  or  being 
disrespectful  to  him  in  language  or  deportment 
while  in  the  execution  of  his  office. 

To  join  in  or  abet  any  combination  to  weaken  lawful 
authority  of,  or  lessen  the  respect  due  to,  his  com- 
manding officer. 

Uttering  seditious  or  mutinous  words. 


Negligent  or  careless  in  obeying  orders. 


Limit  of  punishment. 


Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  j'ears  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonemnt  at  hard  labor 

for  fifteen  years. 
Enlisted  man:  Imprisonment  for  fifteen  years  at 

hard  labor  and  dishonorable  discharge. 


Officer:  Death. 
Enlisted  man:  Death. 


Officer:  Public  reprimand. 

Enlisted   man:     Solitary  confinement  for  thirty 
days. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  one  year. 
Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  To  lose  ten  numbers. 

Enlisted  man:  Confinement  for  six  months. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months. 

Officer:  Dismissal. 

Enlisted   man:  Confinement  for  six  months  and 
dishonorable  discharge. 


1.  Officer:  Dismissal   and   imprisonment   for  four 
years. 

Enlisted   man:  Confinement   for   four   years   and 
dishonorable  discharge. 

2.  Officer:  Dismissal  and  imprisonment  for  three 
years. 

Enlisted  man:  Confinement  for  three  years  and 
dishonorable  discharge. 

3.  Officer:  Dismissal   and   imprisonment   for   two 
years. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months   and 
dishonorable  discharge. 

Officer:  To  lose  five  numbers. 

Enlisted  man:  Confinement  for  three  months. 


Officer:  To  lose  five  numbers. 

Enlisted  man:  Confinement  for  three  months. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  To  lose  ten  numbers. 

Enlisted  man:  Confinement  for  six  months. 


LIMITATIONS  TO   PUNISHMENTS. 


315 


Limit  of  punishment. 


Culpably  inefficient  in  the  performance  of  duty. 


Not  using  his  best  exertions  to  prevent  the  unlawful 
destruction  of  public  property  by  others. 


Through  inattention  or  negligence  suffering  a  vessel 
of  the  navy  to  be  stranded,  or  run  upon  a  rock  or 
shoal,  or  hazarded. 

When  attached  to  any  vessel  appointed  as  convoy 
to  any  merchant  or  other  vessel,  fails  diligently  to 
perform  his  duty,  or  demands  or  exacts  any  com- 
pensation for  his  services,  or  maltreats  the  officers 
or  crew  of  such  merchant  or  other  vessel. 

Taking,  receiving,  or  permitting  to  be  received  on 
board  the  vessel  to  which  he  is  attached  any  goods, 
merchandise,  for  freight,  sale,  or  traffic,  except 
gold,  silver,  or  jewels  for  freight  or  safekeeping,  or 
demanding  or  receiving  any  compensation  for  the 
receipt  or  transportation  of  any  other  article  than 
gold,  silver,  or  jewels  without  authority  from  the 
President  or  the  Secretary  of  the  Navy. 

Knowingly  making,  signing,  or  aiding,  abetting, 
directing,  or  procuring  the  making  or  signing  of 
any  false  muster. 

Wasting  any  ammimition,  provisions,  or  other  pub- 
lie  property,  or,  having  power  to  prevent  it,  know- 
ingly permits  such  waste. 

When  on  shore,  plundering,  abusing,  or  maltreat- 
ing any  inhabitant  or  injuring  his  property  by 
means  of— 
1.  Manslaughter. 


2.  Assault  with  intent  to  kill. 

3.  Assault  and  battery. 

4.  Rape. 

5.  Burglary 
G.  Robbery. 

7.  Arson. 

8.  Obscene  and  abusive  language. 

9.  Wilful  destruction  of  property. 


10.  Larceny: 

(a)  Above  one  hundred  dollars. 


(b)  Between  fifty  and  one  hundred  dollars. 

(c)  Under  fifty  dollars. 


Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 


Officer:  Dismissal. 


Officer:  Dismissal  and  imprisonment  for  five  years 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 


L  Officer:  Dismissal   and   imprisonment   at   hard 

labor  for  ten  years. 
Enlisted  man:  Imprisonment  at  hard  labor  for  ten 

years  and  dishonorable  discharge. 

2.  Officer:  Dismissal  and  imprisonment    at   hard 
labor  for  five  years. 

Enlisted  man:  Imprisonment  at  hard  labor  for  five 
years  and  dishonorable  discharge. 

3.  Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months  and  dis- 
honorable discharge. 

4.  Officer:  Dismissal   and   imprisonment   at  hard 
labor  for  twenty  years. 

Enlisted  man:  Imprisonment  for  twenty  years  at 
hard  labor  and  dishonorable  discharge. 

5.  Officer:  Dismissal    and   imprisonment   at   hard 
labor  for  seven  years. 

Enlisted   man:  Imprisonment   at   hard    labor   for 
seven  years  and  dishonorable  discharge. 

6.  Officer:  Dismissal   and   imprisonment   at   hard 
labor  for  seven  years. 

Enlisted  man:  Imprisonment  at  hard  labor  for  seven 
years  and  dishonorable  discharge. 

7.  Officer:  Dismissal   and   imprisonment   at   hard 
lal)or  for  ten  years. 

Enlisted  man:  Imprisonment  at  hard  labor  for  ten 
years  and  dishonorable  discharge. 

8.  Officer:  Public  reprimand. 

Enlisted  man:  Confinement  for  three  months. 

9.  Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

10.  (a)  Officer:  Dismissal    and    imprisonment    for 
four  years. 

Enlisted  man:  Confinement  for  four  years  and  dis- 
honorable discharge. 

(b)  Officer:  Dismissal  and  imprisonment  for  three 
years. 

Enlisted  man:  Confinement  for  three  years  and  dis- 
honorable discharge. 

(c)  Officer:  Dismissal  and  imprisonment  for  two 
years. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 


316 


LIMITATIONS   TO   PUNISHMENTS. 


Refusing  or  failing  to  use  his  utmost  exertions  to 
detect,  apprehend,  and  bring  to  punishment  all 
offenders,  or  to  aid  all  persons  appointed  for  that 
purpose. 

When  rated  or  acting  as  master-at-arms  refuses  to 
receive  such  prisoners  as  may  be  committed  to  his 
charge,  or  having  received  them,  suffers  them  to 
escape  or  dismisses  them  without  orders  from  the 
proper  authority. 

Absent  from  station  and  duty  without  leave,  or  after 
his  leave  has  expired. 


Violating  or  refusing  obedience  to  any  lawful  general 
order  or  regulation  issued  by  the  Secretary  of  the 
Navy. 

Desertion  (in  case  of  surrender):  After  thirty  days. 


Desertion  (in  case  of  apprehension). 

1.  If  less  than  six  months  in  the  service. 

2.  If  more  than  six  months  in  the  service. 


Desertion: 

From  a  ship  about  to  sail  on  an  extended  cruise. 

When  joined  in  by  two  or  more  men  in  the 
execution  of  a  conspiracy,  or  for  desertion 
in  the  presence  of  any  unlawful  assemblage 
which  the  naval  forces  may  be  opposing. 

Aiding  or  enticing  others  to  desert. 


Receiving  or  entertaining  any  deserter  from  any 
other  vessel  of  the  Navy,  knowing  him  to  be 
such,  and  not  with  all  convenient  speed  giving 
notice  of  such  deserter  to  the  commander  of  the 
vessel  to  which  he  belongs  or  to  the  commander- 
in-chief  or  to  the  commander  of  the  squadron. 

Under  Article  9. 

Absent  from  command  without  leave. 


Under  Article  11. 

Procuring  stores  or  other  articles  or  supplies  for 
and  disposing  thereof  to  officers  and  enlisted 
men  on  vessels  of  the  Navy,  or  at  any  yard  or 
naval  station,  for  his  own  account  or  benefit. 

Under  Article  14. 

Presenting  or  causing  to  be  presented  to  any  per- 
son in  the  civil,  military,  or  naval  service  for 
approval  or  payment  any  claim  against  the 
United  States,  or  any  officer  thereof,  knowing 
said  claim  to  be  false  or  fraudulent. 

Entering  into  any  agreement  or  conspiracy  to 
defraud  the  United  States  by  obtaining  or  aid- 
ing others  to  obtain  the  allowance  of  any  false 
or  fraudulent  claim. 

Making  or  using,  or  procuring  or  advising  the  ' 
making  or  using,  of  any  writing  or  other  paper, 
knowing  the  same  to  contain  any  false  or  fraud- 
ulent statement,  for  the  purpose  of  obtaining 
or  aiding  others  to  obtain  the  approval,  allow- 
ance, or  payment  of  any  claim  against  the  | 
United  States  or  against  any  officer  thereof. 

Making  or  procuring  or  advising  the  making  of  ; 
any  oath  to  any  fact  or  to  any  writing  or  other 
paper,  knowing  such  oath  to  be  false,  for  the 
purpose  of  obtaining  or  aiding  others  to  obtain 
the  approval,  allowance,  or  payment  of  any 
claim  against  the  United  States  or  any  officer 
thereof. 


Limit  of  punishment. 


Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Enlisted  man:  Confinement  at  hard  labor  for  five 
years  and  dishonorable  discharge. 


Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  eighteen  months  and 
dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  for  four  years. 

Enlisted  man:  1.  Confinement  for  eighteen  months 
and  dishonorable  discharge. 

2.  Confinement  for  two  and  one-half  years  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  three  years. 

Enlisted  man:  Confinement  for  three  j-ears  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  five  years. 

Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  four  years. 
Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal. 


Officer:  Dismissal. 
Enlisted   man:  Confinement  for 
dishonorable  discharge. 


six  months   and 


Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:   Confinement  for  five  years  and  dis- 
honorable discharge. 


LIMITATIONS   TO   PUNISHMENTS. 


317 


Limit  of  punishment. 


Forging  or  counterfeiting,  or  procuring  or  advis- 
ing tlie  forging  or  counterfeiting,  of  any  signa- 
ture upon  any  writing  or  other  paper,  or  using 
or  procuring,  or  advising  the  using  of  any  such 
signature,  knowing  it  to  be  forged  or  counter- 
feited, for  the  purpose  of  obtaining  or  aiding 
others  to  obtain  the  approval,  allowance,  or 
payment  of  any  claim  against  the  United  States 
or  any  officer  thereof. 

Knowingly  delivermg  or  causing  to  be  delivered 
to  any  person  having  authority  to  receive  the 
same  any  amount  of  money  or  other  public 
property  of  the  United  States  furnished  or  in- 
tended for  the  naval  service  less  than  that  for 
which  he  receives  a  certificate  or  receipt. 

Knowingly  making  or  delivering  to  any  person  a 
paper  certifying  the  receipt  of  any  money  or 
other  property  of  the  United  States  furnished 
or  intended  for  the  naval  service  thereof  with- 
out having  full  knowledge  of  the  truth  of  the 
statement  therein  contained  and  with  intent 
to  defraud  the  United  States. 

Stealing,  embezzling,  knowingly  and  wilfully 
misappropriating  and  applying  to  his  own  use 
and  benefit,  or  unlawfully  selling  or  disposing 
of  any  ordnance,  arms,  equipments,  ammuni- 
tion, clothing,  subsistence  stores,  money,  or 
other  property  of  the  United  States,  furnished 
or  intended  for  the  military  or  naval  service 
thereof. 

Knowingly  purchasing  or  receiving  in  pledge,  for 
any  obligation  or  indebtedness  from  any  other 
person  who  is  a  part  of  or  employed  in  the  naval 
service,  any  ordnance,  arms,  equipment,  am- 
mvmition,  clothing,  subsistence  stores,  or  other 
property  of  the  United  States,  such  other  pereon 
not  having  lawful  right  to  sell  or  pledge  the 
same. 

Executing,  attempting,  or  countenancing  any 
fraud  against  the  United  States. 


Under  Article  19. 

Knowingly  enlisting  into  the  naval  service  any 
deserter  from  the  naval  or  military  service  of 
the  United  States,  or  any  insane  or  intoxicated 
person,  or  minor  without  consent  of  parent  or 
guardian. 


Under  Article  22. 


Manslaughter. 


Assault  with  deadly  weapon  and  wounding. 
Rape. 

Robbery. 

Sodomy. 

Lewd  or  indecent  behavior. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:   Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  two  years. 
Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 


Officer:  Dismissal  and  imprisonment  for  two  years. 
Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 


Officer:  Dismissal. 


Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  ten  years. 
Enlisted  "man:  Imprisonment  at  hard  labor  for  ten 

years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:    Imprisonment  at  hard  labor  for  five 
years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  twenty  years. 
Enlisted  man:    Imprisonment  at  hard  labor  for 

twenty  years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisomnent  at  hard  labor 

for  seven  years. 
Enlisted  man:    Imprisonment  at  hard  labor  for 

seven  years  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  at  hard  labor 

for  fifteen  years. 
Enlisted  man:  Imprisormient  at  hard  labor  for  ten 

years  and  dishonorable  discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 


318 


LIMITATIONS   TO   PUNISHMENTS. 


Offenses. 


Limit  of  puBishment. 


Smuggling  liquor  (aggravated  case). 


Selling  arms. 


Selling  equipments. 


Selling  clothes. 


Attempting  to  suborn  testimony  to  be  given  before 
court-martial. 


Neglecting    to    discharge    pecuniary    obligations 
(aggravated  case). 


False  swearing  or  perjury. 


Disorderly  conduct  (aggravated  case): 

1.  Assaulting  and  striking  another  person  in 

the  Navy. 

2.  Attempting  to  strike  and  assault  another 

person  in  the  Navy. 

3.  Disrespect  or  affront  to  sentinel. 

4.  Interfering  with  or  resisting  sentinel  in  law- 

ful execution  of  his  duty. 


Striking  or  assaulting  a  sentinel. 

Reusing  obedience  to  lawful  orders  of  sentinel. 

Neglect  of  duty. 

Resisting  arrest. 

Enticing  a  prisoner  to  escape. 

Malingering. 

Refusing  to  give  testimony  before  a  court-martial. 

Behaving  contumaciously  before  a  board  or  court. 


Using  profane,  abusive,  and  threatening  language 
toward  his  superior  officer. 


Mayhem. 

Malicious  or  wilful  destruction  of  public  property. 

Attempting  to  desert. 


Officer:  Loss  of  three  numbers  and  public  repri- 
mand. 

Enlisted  man:  Confinement  for  six  months  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  three  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months. 

Officer:  Dismissal  and  imprisonment  for  five  years. 
Enlisted  man:  Confinement  for  five  years  and  dis- 
honorable discharge. 


1.  Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

2.  Officer:  Dismissal. 

Enlisted  man:  Confinement  for  six  months  and  dis- 
honorable discharge. 

3.  Officer:  To  lose  five  numbers. 

Enlisted  man:  Confinement  for  three  months. 

4.  Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  two  years. 
Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  one  year. 
Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Officer:  Loss  of  ten  numbers. 

Enlisted  man:  Confinement  for  six  months. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Officer:  Dismissal  and  imprisonment  for  three  years. 
Enlisted  man:  Imprisonment  for  three  years  at  hard 
labor  and  dishonorable  discharge. 

Officer:  Dismissal  and  imprisonment  for  two  years. 
Enlisted  man:  Imprisonment  for  two  years  at  hard 
labor  and  dishonorable  discharge. 

Enlisted  man:  Confinement  for  six  months. 


LIMITATIONS   TO   PUNISHMENTS. 


319 


Offenses. 


Limit  of  punishment. 


Answering  for  another  at  muster. 

Conduct  unbecoming  an  officer  and  a  gentleman. 

Conduct  to  the  prejudice  of  good  order  and  dis- 
cipline. 

Disrespectful  in  language  or  deportment  toward 
petty  or  noncommissioned  officer. 

Fraudulent  enlistment. 


Creating  a  disturbance  after  being  placed  in  arrest. 

Liquor  unlawfully  in  possession  upon  returning  to 
ship  or  garrison  (aggravated  case). 


Using  profane,  obscene,  and  abusive  language  to- 
ward another  person  in  the  service. 


Refusing  to  obey,  or  wilfully  disobeying,  lawful 
order  of  petty  or  noncommissioned  officer. 

Refusing  to  halt  when  challenged  by  noncommis- 
sioned officer  of  guard  or  sentinel. 


Smuggling  liquor  into  vessel  or  navy  yard. 


Enlisted  man:  Confinement  for  six  months. 

Officer:  Dismissal. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  two  years  and  dis- 
honorable discharge. 

Enlisted  man:  Confinement  for  six  months. 


Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Enlisted  man:  Confinement  for  six  months. 

Officer:  Loss  of  three  numbers  and  public  repri- 
mand. 

Enlisted  man:  Confinement  for  six  months  and  dis- 
honorable discharge. 

Officer:  Disinissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Enlisted  man:  Confinement  for  one  yepx  and  dis- 
honorable discharge. 

Officer:  Dismissal. 

Enlisted  man:  Confinement  for  one  year  and  dis- 
honorable discharge. 

Enlisted  man:  Confinement  for  six  months. 


The  following  instructions  have  been  prescribed  by  the  President  in  connection 
with  the  limitations  to  the  punishment  of  officers  and  enlisted  men : 

"The  foregoing  prescribes  the  maximum  limit  of  punishment  for  the  offenses 
named,  and  that  limit  is  intended  for  those  cases  in  which  the  severest  punishment 
should  be  awarded. 

"Offenses  not  herein  provided  for  remain  punishable  as  authorized  by  the  Articles 
for  the  Government  of  the  Navy  and  the  custom  of  the  service. 

"Summary  courts-martial  are  subject  to  the  restrictions  named  in  article  30  of  the 
Articles  for  the  Government  of  the  Navy." 


INDEX. 


Page. 

Abetting  any  combination  to  weaken  lawful  authority,  etc.,  of  com- 
manding officer,  limit  of  punishment 314 

Absence  from  command  without  leave : 

Form  of  specification  for 89 

Limit  of  punishment 316 

Absence  from  station  and  duty  after  leave  has  expired,  form  of  specifi- 
cation for 89 

Absence  from  station  and  duty  without  leave: 

Form  of  specification  for 89,90 

Limit  of  punishment 316 

Absence  without  leave: 

Form  of  specification  for 166 

Punishment,  schedule 185 

Absence  without  leave,  attempted : 

Form  of  specification  for 167 

Punishment,  schedule 185 

Absence  without  leave,  missing  ship: 

Form  of  specification  for 167 

Punishment,  schedule 167 

Absence  without  leave,  over  twenty-four  hours: 

Form  of  specification  for 167 

Punishment,  schedule 185 

Absence  without  leave,  returning  in  civilian  clothes : 

Form  of  specification  for 167 

Punishment,  schedule 185 

Absence  without  leave,  surrendering  at  another  station : 

Form  of  specification  for 167 

Punishment,  schedule 185 

Absence  without  leave,  to  avoid  guard  or  draft : 

Form  of  specification  for 167 

Punishment,  schedule 185 

Absence  without  leave,  using  wrong  name  going: 

Form  of  specification  for 168 

Punishment,  schedule 185 

Absence  without  leave,  using  wrong  name  returning : 

Form  of  specification  for 168 

Punishment,  schedule 185 

Accepting  a  challenge  to  fight  a  duel,  limit  of  punishment 314 

Account  of  civilian  witnesses,  forms  of 67,  68 

321 
8483—10 21 


322  INDEX. 

Page. 

Acting  as  second  in  a  duel,  limit  of  punishment 314 

Advising  the  making  of  an  oath    (or  paper,   forged   signature,   etc.), 
knowing  it  to  be  false,  to  obtain  approval  of  a  claim  against  the 

United  States,  limit  of  punishment 316 

Aiding  or  enticing  others  to  desert,  limit  of  punishment 316 

Answering  for  another  at  muster,  limit  of  punishment 319 

Arrest,  order  placing  officer  in 57 

Arson,   limit  of  punishment 315 

Articles  for  the  Government  of  the  Navy 291-309 

Assault,  form  of  specification   for 90 

Assault  and  battery,  limit  of  punishment 315 

Assault  with  deadly  weapon  and  wounding,  limit  of  punishment 317 

Assault  with  intent  to  commit  rape,  form  of  specification  for 01 

Assault  with  intent  to  kill,  limit  of  punishment 315 

Assaulting  and  attempting  to  kill  another  person  in  the  service,  form 

of  specification  for 90 

Assaulting  and  striking  another  person  in  the  navy : 

Form  of  specification  for 90 

Limit  of  punishment 318 

Assaulting  and  striking  another  person  in  the  service,  form  of  specifi- 
cation  for J- 90 

Assaulting  and  striking  his  superior  officer,  form  of  specification  for 91 

Assaulting  and  striking  his  superior  officer  while  in  the  execution  of  the 

duties  of  his  office,  form  of  specification  for 91 

Assaulting  with  a  deadly  weapon  and  wounding  another  person  in  the 

navy,  form  of  specification  for 91 

Attachment,  warrant  of,  form  of 65 

Attempting  a  fraud  against  the  United  States,  limit  of  punishment 317 

Attempting  to  desert : 

Form  of  specification  for 92 

Limit  of  punishment 31S 

Attempting  to  strike  and  assault  another  person  in  the  navy,  limit  of 

punishment   318 

Attempting  to  suborn  testimony,  limit  of  punishment 318 

Behaving  contumaciously  before  a  board  or  court,  limit  of  punishment-  318 

Being  witness  to  a  mutiny,  does  not  do  his  utmost  to  suppress  it,  limit 

of  punishment 313 

Board,  Marine  Examining.     (See  Examining  Board,  Marine.) 
Board,  Marine  Retiring.     (See  Retiring  Board,  Marine.) 
Board,  Naval  Examining.     (See  Examining  Board,  Naval.) 
Board,  Naval  Retiring.     (See  Retiring  Board,  Naval.) 
Board  of  Inquest.     (See  Inquest,  Board  of.) 
Board  of  Investigation.     (See  Investigation,  Board  of.) 
Board  of  Medical  Examiners.     (See  Examiners,  Medical,  Board  of.) 
Board  of  Selection  for  Retirement.   (See  Retirement,  Board  of  Selec- 
tion for.) 

Breaking  arrest,  form  of  specification  for 92 

Brief  to  be  filed  with  a  return  to  a  writ  of  habeas  corpus,  etc 77 

Burglary,  limit  of  punishment 315 

Careless  in  obeying  orders,  limit  of  punishment 314 

Carnally  and  unlawfully  knowing  a  female  under  age  of  16  years,  form 
of  specification  for__ 92 


INDEX.  323 

Page. 
Causing  to  be  prepared  and  approving  a  false  and  fraudulent  voucher, 

form  of  specification  for 92 

Causing  to  be  presented  a  false  or  fraudulent  claim,  limit  of  punish- 
ment   316 

Charges  and  specifications : 

Nolle  prosequi 33 

Regulations  and  instructions  for  drawing  up 81-85 

Specimen    forms    of 87-131 

Civilian  witness.     (See  Witness,  Civilian.) 
Commandant,  navy-yard : 
Form  of  letter  to — 

Directing  him  to  furnish  clerical  assistance 57 

Informing  him  of  ordering  of  court  of  inquiry 205 

Requesting  room  for  court,  detail  of  provost  marshal,  etc 59 

Transmitting  charges  and  specifications  against  an  officer 56 

Commanding  officer : 
Form  of  letter  to — 

Directing  him  to  furnish  clerical  assistance 57 

Transmitting  copy  of  charges  and   specifications  against  an 

officer 56 

Transmitting  precept,  naval  examining  board 235 

Conduct  to  the  prejudice  of  good  order  and  discipline : 

Form  of  specification  for 93 

Limit  of  punishment 310 

Conduct  unbecoming  an  officer  and  a  gentleman  : 

Form  of  specification  for 05 

Limit  of  punishment 310 

Countenancing  a  fraud  against  the  United  States,  limit  of  punishment-  317 

Counterfeiting  a  signature,  limit  of  punishment 317 

Court,  Deck  : 

Action  of  convening  authority 181 

Accused — 

Arraigned 180 

Consents  to  trial  by 170 

By   whom    ordered 170 

Composition  and  authority 170 

Convening  authority  to  decide  when  and  what  cases  to  be  brought 

before. 180 

Finding,  form  of 180,182 

Form  for  record  of,  when  there  is  only  one  officer,  or  only  one  of 

required  rank,  attached  to  vessel,  etc ^ 182 

Has  power  to  compel  attendance  of  civilian  witness 180 

Medical  officer's  certificate.- 181,182 

Order  for,  form  of 170 

Pay  accounts,  what  record  shall  show  regarding 181 

Pay  officer's  certificate 181,182 

Power  of  reviewing  authority 181 

Previous  convictions,  procedure  in  case  of 180 

Procedure  as  to  counsel  for  accused,  swearing  of  recorder,  arraign- 
ment, etc.,  same  as  for  summary  courts-martial 180 


324  INDEX. 

Court,  Deck — Continued. 

Record :  Page. 

Briefing  for,  form  of 181 

Completion  and  submission  of 180 

Disposition  of 181 

Recorder,  who  may  be  detailed  as 179 

Schedule  of  punishments 185 

Sentence : 

Certificates  of  medical  officers  required,  when 180 

When  approval  of,  is  not  necessary 179 

Specification  for,  form  of 179 

Transcript  furnished  officer  of  deck 181 

Who  shall  not  be  ordered  as 179 

Witness,  examination  of 180 

Court  of  Inquiry : 

Action  on  record 196 

Adjournment : 

How  recorded 193 

Need  not  be  from  day  to  day 193 

Arguments 194 

Certificate  as  to  absent  member 191 

Challenge,  procedure  in  case  of 192 

Clerk- 
Introduced  - 191 

Sworn 192 

Complainant — 

Introduced 192 

May  introduce  evidence,  when  and  how 193 

Complaint  to  be  communicated  to  parties 192 

Counsel — 

For  complainant  introduced 192 

For  defendant  introduced 192 

Rejected  by  court , 192 

Cover  page,  form  of 189 

Defendant — 

Absent,  procedure  in  case  of 192 

Introduced 191 

May  introduce  evidence,  when  and  how 193 

Procedure  when  there  is  none 192 

Procedure  in  case  others  than  those  named  become 192 

Right  of,  to  be  present 192 

Defense- 194 

Examination  of  witness 193 

Evidence  may  be  introduced  by  defendant  and  complainant,  when 

and  how 193 

Finding  of 194, 195 

Interpreter  sworn l-  192 

Inquiry  finished,  parties  withdraw 194 

Judge-advocate — 

Does  not  withdraw  when  court  is  cleared 191 

Sworn  — ^ - ^ 192 


INDEX.  325 

Court  of  Inquiry — Continued. 

Letter,  form  of,  to —  Page. 

Commandant,  navy-yard . 205 

Party  to  inquiry 204 

President  of  court 204 

Meetings  of,  need  not  be  from  day  to  day 193 

Members — 

Absent,  procedure  in  case  of 191 

Sworn 192 

Oath  to  be  administered  to — 

Clerli    (stenographer) 193 

Interpreter 193 

Judge-advocate 192 

Members 192 

Oaths,  forms  of,  same  as  under  ordinary  courts  of  inquiry 199 

Opinion  of 195 

Organization    of 191 

Parties  to  inquiry  withdraw  when  inquiry  finished 194 

Postponement  of 193 

Precept — 

Form   of : 203 

Read  and  procedure  decided  upon 191 

Read  to   parties  to   inquiry 192 

Reporter  introduced 191 

Revision  of  proceedings 195 

Sittings  of,  need  not  be  from  day  to  day 193 

Statements  admitted  194 

Stenographer — 

Introduced 191 

Oath  to  be  administered  to 193 

Sworn 192 

Testimony,  correction  of,  how  made 193 

Witness — 

Corrects  testimony 193 

Examination  of 193 

Sworn 193 

Witlidraws 193 

Court  of  inquiry  (loss  or  grounding  of  a  vessel)  : 

Adjournment,  how  recorded _- 200 

Authentication    of    record ^ 202 

Challenge  of  members 199 

Commanding  officer  questioned  as  to  narrative 284 

Correction  of  testimony 201 

Cover  page,  form  of 197 

Defendants  introduced * 199 

Examination  of  witness 201 

Finding 202 

Judge-advocate — 

Reads  reply  to  defendant's  statement 202 

Sworn 199 

Letter,  form  of,  to — 

Commandant,  navy-yard 205 

Party  to  inquiry 204 

President  of  court , 204 

Members  sworn 199 


326  INDEX. 

Court  of  Inquiry — Continued.  Page. 

Minority  report 202 

Oath  administered — 

Forms  of 199 

To  surviving  officers  and  men i 199,200 

Officer  informed  that  he  is  an  interested  party 201 

Officers  and  men  questioned  as  to  commanding  officer's  report 200 

Opinion 202 

Organization  of 199 

Precept — 

Form  of 1 203 

Read  and  procedure  agreed  upon 199 

Read  to  parties  to  inquiry 199 

Recess,  how  recorded 200 

Report  of  commanding  officer  of  vessel  read 199 

Statements  by  defendants 202 

Testimony,    correction   of 201 

Witness — 

Examination  of 201 

Sworn 199,  200 

Court-Martial,  General : 

Account  of  civilian  witness  not  in  government  employ 67,68 

Accused — 

Acknowledges  receipt  of  copy  of  charges  and  specifications 20 

Advised  of  rights 18 

Arraigned 22 

Denies  receipt  of  charges  and  specification,  procedure 20 

Detail  of  counsel  for,  how  made 18 

Does  not  desire  to  make  statement,  etc 38 

Does  not  object  to  any  member • 19 

Exchanges  list  of  witnesses  with  judge-advocate 24 

Identification  of 25 

Introduces   counsel 17 

Present  during  reading  of  record 44 

Ready  for  trial 21 

Receipt  of,  for  copy  of  record,  form  of 74 

Requests  delay  to  prepare  statement 38 

Requests  postponement  of  trial 21 

Stands  mute,  procedure  in  case  of 22 

Waiver  of  right  to  copy  of  record,  form  of 74 

Withdraws  plea  of  guilty,  rearraigned 24 

Witness  in  own  behalf 33,34 

Acquittal,  how  recorded 41 

Action  of  convening  authority  on  record 51-53 

Adjournment,  what  is  an,  and  how  recorded 27 

Allowances,  loss  of,  when  not  included  in  sentence 43 

Answers — 

Witness  may  decline  to,  when 27,30,36 

All,  of  witness,  to  begin  new  paragraph 25 

Argument — 

Character  of 39 

Judge-advocate  is  entitled  to  closing 39 

Oral,  accused  and  judge-advocate  make,  when 39 

Written,  when  must  be 39 


INDEX.  327 

rourt-Martial,  General — Contiuiied. 

Arraignment —  Page. 

How  recorded 22 

Is  beginning  of  trial 24 

Arrest  of  witness 36 

Attachment,  form  of  warrant 65 

Authentication   of  sentence 43 

Brief  to  be  filed  with  return  to  a  writ  of  habeas  corpus,  etc 77 

Bread  and  water,  sentence  of  solitary  confinement  on 43 

Challenge — 

By  accused 19 

By  judge-advocate -  19 

Court's  decision  in  regard  to,  can  not  be  opposed 20 

Judge-advocate  not  subject  to 19 

Procedure  in  case  of 19 

Procedure  when  court  is  reduced  below  legal  quorum  bj' 20 

Time   for 19,  20 

Changes  in  composition  of,  how  made ]8,  20,  25,  55 

Character,  evidence  of  good 36,37 

Charge — 

Voting  upon 40 

May  be  read  to  witness 25 

Charges  and  specifications — 

Copies  furnished  by  judge-advocate  for  convenience  of  court—  20 
Errors  in,  to  be  brought  to  attention  of  court  by  judge-advo- 
cate   20 

Examined  by  court 20 

How  forwarded  to  accused 20 

Incorrect,  procedure  in  case  of 21 

Letters,  forms  of,  transmitting 56 

Read  to  accused  by  judge-advocate ^--  22 

Receipt  of,  acknowledged  by  accused 20 

Receipt  of,  denied  by  accused,  procedure 20 

Regulations  and  instructions  for  drawing  up 81-85 

Specimen  forms  of 87-131 

What  errors  in,  may  be  corrected  by  judge-advocate 21 

Clemency,  recommendation  to — 

How  and  when  recorded 44 

Not  signed  by  judge-advocate 44 

Clerk- 
Admitted - 17 

Oath  to  be  administered  to 20 

Sworn 20 

Commandant  of  navy-yard,  letter  to,  form  of — 

Directing  him  to  furnish  clerical  assistance 57 

Inclosing  charges  and  specifications,  and  placing  officer  under 

arrest i 56 

Requesting  room  for  court,  detail  of  provost-marshal,  etc 59 

Commander  in  chief  or  commandant  of  naval  station  abroad,  order 

issued  from  oflfice  of 59,60 

Commanding  officer,  letter  to,  form  of — 

Directing  him  to  furnish  clerical  assistance 57 

Transmitting  copy  of  charge  and  specification 56 

Communications,  privileged,  defined 30 


328  INDEX. 

Court-Martial,  General — Continued.  Page, 

Competency  of  witness,  question  of 24,2:5,30,31 

Composition  of — 

Changes  in,  how  made 18,20,55 

Letter,  form  of,  making  change  in ^ 55 

Number  and  ranli,  how  selected 55 

Conflicting  testimony 52 

Contempt — 

How  punished 27 

Procedure  in  case  of 33,35,36 

Punishment  for 36 

Convening  authority — 

Action  of,  on  record 51-53 

Letter  from,  form  of,  making  change  in  court 55 

Order  from,  to  member  and  judge-advocate,  part  of  record 18 

Correction  of  record  of  proceedings,  method  of : 29 

Correction  of  testimony — 

How  recorded 27 

Method  of 26,27 

Counsel — 

Duties  of 18 

How  detail  made 18 

Introduced , 17 

To  assist  judge-advocate,  introduced 18 

Cover  page,  form  of 15 

Deck  court,  records  of,  may  be  introduced,  when  and  how 41 

Defense — 

Begins 33 

Ends 37 

Oral 1 38,39 

Written 38,  39 

Deposition,  subpoena  for  taking,  form  of 63 

Deposition  and  interrogatories,  form  of 66,67 

Desertion^ 

Documentary  evidence  in  case  of 31 

Sentence  includes  what 43 

Detachment  of  officer  from  ship  or  station  does  not  relieve  him 

from  duty  on 19 

Disapproval,  effect  of 52 

Disapprove  and  commute,  reviewing  authority  can  not 52 

Dishonorable  discharge 43 

Disposition  of — 

Precept 44 

Record 53 

Dissolving  court,  form  of  order -  75 

Documentary  evidence — 

Method  of  introducing 31,32,34,35 

Ruled  out 33 

Documents  appended — 

Copies  of,  certified  by  judge-advocate 18 

How  marked 18 

Enlisted  man — 

Records  of  summary  and  deck  courts  may  be  introduced  in 

case  of 41 

How  summoned 61 


INDEX.  329 

Court-Martial,  General — Continued.  Page, 
Enlistment  record — 

As  evidence 31,32,37 

Judge-advocate  reads 41 

Evidence — 

After  plea   of  guilty 22 

In   extenuation 22 

Documentary — 

Method  of  introducing 31,  32 

Ruled  out 38 

Notes   on 133-147 

Of  contents  of  writing *     32 

Of  good  character 36,37 

May  be  introduced  before  finding 39 

Previous  conviction — 

How  and  when  introduced 39-41 

Must  relate  to  what  enlistment 41 

Refusal  to  give ^ 36 

Written  statement  by  accused  is  not 39 

Examination  of  witness 25 

Finding — 

Evidence  may  be  introduced  before 39 

How  written  and  recorded 40 

Forfeiture  of  pay  due 43 

General  orders,  how  proved 31 

Guard,  detail  of,  form  of  request  for 59 

Guilty,  procedure  in  case  accused  pleads 22-24 

Habeas  corpus,  return  to  writ  of — 

Brief  to  be  filed  with 77-79 

By  State  court 76 

By  United  States  court 75,76 

Handwriting,   identification  of 32 

Hard  labor,  sentence  to,  includes  what 43 

Hours  of  sessions 17 

Identification  of — 

Accused . 25 

Handwriting 32 

Illness  of  witness,  procedure  in  case  of 32,  33 

Impeaching  a  witness 37,38 

Imprisonment,  sentence  must  express  distinctly  for  what  period--  43 

Improper  language  or  behavior,  procedure  in  case  of 35 

Incidents  of  trial 13 

Interpreter — 

Admitted 17 

Sworn 20 

Oath  to  be  administered  to 20 

Interrogatories  and  deposition,  form  of 66,  67 

Irrelevant  or  collateral  matter,  effect  of  answers  to 38 

Joinder — 

Procedure  in  case  of 24 

Sentence  or  acquittal  in  case  of,  how  recorded 41 


330  INDEX. 

Court-Martial,  General — Coiitiiuied. 

Judge  advocate —  Page. 

Absence  of,  procedure  in  case  of 10,21) 

Can  not  be  challenged 11) 

Certifies  copies  of  documents  and  papers^ 18 

Challenged  by 19 

Detailed  or  relieved,   how 18,55 

Directs  attention  to  regulations  relating  to  previous  conviction-  30 

Entitled  to  closing  argument 80 

Exchanges  list  of  witnesses  with  accused.— 24 

Form  of  agreement  with  stenographer ,       50 

Form  of  letter  to — 

Authorizing  correction  in  specifications 58 

Authorizing  employment  of  stenographer 58 

Authorizing  the  entering  of  a  nolle  prosequi 58 

Transmitting  charges  and  specifications 50 

Form  of  order  to  member  or — 

When  no  travel  is  involved 00 

When  travel  is  involved 00 

If  witness  for  prosecution,  to  be  first  called 24 

Introduces  counsel  to  assist 18 

Legal    costodian   of  enlistment   record   and   finger-print   card, 

when 31 

Oath  to  be  administered  to 20 

Reads  enlistment  record 41 

Reads  letter  authorizing  change  in  specifications 20 

Reads  letter  of  transmittal  and  charges  and  specifications 22 

Reads  precept  to  accused 18 

Reads  order  of  convening  authority  relieving  member  and  ap- 
pointing new : 28 

Recommendation  to  clemency,  does  not  sign 44 

Records  sentence 42 

Replies  to  objection  to  witness 31 

Requests  delay  to  prepare  statement 39 

Requests  postponement  of  trial 21 

Shall  draw  up  and  record  sentence 43 

Shall  furnish  copies  of  charges  and  specifications  for  conven- 
ience of  court : 20 

Sworn 20 

To  inform  court  of  errors  in  charges  and  specifications 20 

V/hat  errors  in  charges  and  specifications  may  be  corrected  by-  21 

Witnesses  to  be  summoned  by 61 

Leading  questions — 

On  cross-examination,  permitted,  provided 25 

On  direct  examination,  not  permitted,  except 25 

Letter  transmitting  charges  and  specifications  read 22 

Letters,  forms  of — 

Authorizing  judge-advocate  to  correct  specifications 58 

Authorizing  judge-advocate  to  employ  a  stenographer 58 

Authorizing  judge-advocate  to  enter  a  nolle  prosequi 58 

Directing   commandant   navy-yard   or   commanding   officer   to 

furnish    clerical    assistance 57 

Informing  convening  authority  thjtt  court  has  completed  its 

work 't^ 


INDEX.  331 

Court-Martial,  General — Contiiiuetl. 

T.otters,  forms  of — Continued.  Page. 

Making  change  in  composition  of  court 55 

Keturning  record  for  revision 47-50 

Transmitting  charge  and   specification 56 

Transmitting  precept 55 

Limitations — 

As  to  membership 55 

Of  sentences 43 

To  punishment  in  time  of  peace r,ll-319 

Loss  of  allowances,  \Yhen  not  included  in  sentence 43 

Loss  of  numbers,  sentence  to,  procedure  m  case  of 43 

Marine  ofiicer  to  be  tried,  who  should  be  members 55 

Marines  sentenced  to  dishonorable  discharge 43 

Medical  certificate  introduced  in  case  of — 

Sick  member IS,  10,  28 

Sick  witness 33 

Member-s — 
Absent — 

Explains 28 

Procedure  in  case  of 18,28 

Detailed   and   relieved,   how 18,55 

Each  to  vote 41 

Form  of  order  to  judge-advocate  or — 

When  no  travel  is  involved 60 

When  travel  is  involved 60 

If  witness  for  prosecution,  to  be  first  called 24 

Illness  of,  procedure  in  case  of 18,10,28 

Limitations  as  to  number,  etc.,  of 55 

New,    appointed,    procedure   in    case   of 28,20 

Oath  to  be  administered  to 20 

Objected  to,  procedure 10,28 

Promotion,  procedure  in  case  of 20 

Questions  by 26 

Shall  not  absent  himself,  except 19 

Sworn 20 

Who  should  be,  when  marine  ofiicer  is  tried ^ 55 

Who  should  be,  when  staff  officer  is  tried 55 

Memorandum,  witness  requests  permission  to  refresh  memory  from, 

procedure 34,  35 

Morning  report  book  as  evidence 31 

Nolle  prosequi — 

Entered 33 

Form  of  letter  to  judge-advocate  authorizing  him  to  enter 58 

Notation  on  record r»3 

Notes  on  evidence 133-147 

Oaths : 

Forms  of,  administered  to — 

Interpreter 20 

Judge-advocate 20 

Member --  20 

Stenographer  (clerk,  reporter) 20 

Witness 25 


332  INDEX. 

Court-Martial,  General — Continued.  Page. 
Oaths — Continued. 

How   administered 20 

To  be  taken  before  an  officer  when  practicable G8 

Objectionable  matter  in  written  defense,  omission  of oS,  30 

Objection  to — 

Competency  of  witness 24,30,31 

Member,  procedure 19,  28 

Question,  procedure  in  case  of 25,26 

Record  of  proceedings 29 

Witness,  procedure  in  case  of 30,31 

Officer- 
Form  of  order  placing  under  arrest 57 

On  leave  or  waiting  orders  sunnnoned  as  witness,  procedure 

in  case  of 27,  01 

Officer  or  enlisted  man  summoned  as  witness,  duty  of 27 

Official  records  as  evidence 31,82 

Omission  of  step  in  examination,  what  record  must  show 20 

Oral  argument 39 

Oral  defense 3S,  30 

Orders,  form  of — 

Dissolving  court 75 

Placing  officer  under  arrest 57 

To  president,  members,  and  judge-advocate 50,00 

General,  how  proved 31 

Printed,  is  prima  facie  evidence,  when 41 

To  members  and  judge-advocate,  how  issued IS 

Orderlies,  detail  of,  form  of  request  for 59 

Organization  of 17 

Penalty,  statutory,  none  other  than,  imposed 43 

Pleas- 
Bar  of  judgment 38 

Bar  of  trial 22,23 

Case  of  desertion 24 

Case  of  joinder 24 

Change  of 22,24 

Former  jeopardy . 23 

Guilty- 
Evidence  after,  not  allowed  unless 22 

Evidence  in  extenuation 22 

Finding  in  case  of 40 

Less  degree  than  charged 23 

Procedure   in   case  of 22,24 

Rejection  of 23 

Withdrawal  of 24 

Illegal  arrest 23 

Not  guilty,  stands  mute,  etc.,  procedure 22 

Valid,  procedure *24 

Witness  examined  in  support  of 23 

Postponement  longer  than  twenty-four  hours,  procedure 21 

Precept — 

Disposition    of 18,44 

Form  of 54 


INDEX.  333 

Court-Martial,  General— Coutinuetl. 

Precept — Contiiinetl.  Page. 

Form  of  letter  transmitting 55 

Read  by  judge-advocate IS 

President — 

Form  of  order  to — 

When  no  travel  is  involved 60 

When  travel  is  involved 59 

Responsibility  of 1" 

Senior  member  is 1" 

When  senior  to  commandant  of  station,  ordered  to  confer  with_  50 

When  witness,  oath  to,  how  administered 24 

Previous  conviction — 

Evidence  of,  how  and  when  introduced 40 

Judge-advocate  directs  attention  to  regulations  relating  to 39-41 

Prima  facie  evidence,  what  official  papers  furnish 32 

Privileged  communications  defined 30 

Proceedings  not  delayed  so  long  as  five  members  present IT 

Promotion  of  member,  procedure  in  case  of 29 

Prosecution — 

Begins 24 

Ends 33 

Provost-ma  rsha  1 — 
Detail  of— 

Form  of  request  for 59 

How  made 17 

Reports 1" 

Punishment — 

Adequate  to  nature  and  degree  of  offense 41 

Authorized  for  summary  courts-martial  may  be  inflicted 43 

Limitation  of.  in  time  of  peace 311-319 

Manner  of  determining 41 

Nominal,  must  not  be  adjudged 42 

Questions — 

By  members 26 

Constituting   arraignment,   and  answers,   to  be  distinctly  re- 
corded    22 

Leading — 

On  cross-examination,  permitted,   provided 25 

On  direct  examination,  not  permitted,  except 25 

Method  of  numbering 25 

Preliminary,  to  defense,  purpose  of 34 

Objected  to,  proceilure 25,26 

Refusal  of  witness  to  answer 36 

Quorum — 

Five  is  legal IT 

Procedure  when  court  is  reduced  below,  by  challenge 20 

Rating,  reduction  in,  sentence  to  include  what— 43 

Reading  of  papers,  etc 18 

Rebuttal- 
Begins 3T 

Ends 38 

Recess,  what  is  a,  and  how  recorded ^ ^^ , ^  27 


334  INDEX. 

Court-Martial,  General — Contiuned.  Page. 
Record  of  proceedings — 

Accused  present  during  reading  of 44 

Action  of  convening  autliority  on 51-53 

Disposition  of ^ 53 

Each  case  complete  in  itself 17 

Notation  on 53 

Objected  to,  procedure  in  case  of 29 

What  read  daily 28 

Records,  authenticated  copies  of,  admissible  in  evidence 31 

Reduction  in  rating,  sentence  to  include  what 43 

Refusal  of  witness  to  appear 62 

Refusal  to  give  evidence,  procedure  in  case  of 36 

Rejection  of  plea 23 

Reporter,  oath  to  be  administered  to 20 

Reviewing  authority,  power  of 52 

Revision — 
Accused — 

Entitled  to  exemplified  copy  of  record  in 45 

Present  during,  when 50 

Action  of  convening  authority  on 51-53 

Confined  to  what 50 

Cover  page 45 

Errors,  correction  of 50 

Forms  of  letters  returning  record  for 47-50 

Judge-advocate — 

Directed  to  record  sentence 50,51 

Excluded  during 50 

Present  when  record  corrected 50 

Must  form  separate  and  complete  record,  etc 45 

New  testimony  not  admissible  during 50 

Record,  what  to  contain,  and  disposition 50 

Seating  new  member,  procedure  in  case  of 29 

Sentence — 

Authentication   of 43 

Determining,  manner  of ^ 41 

Execution  of 52 

How  recorded 42,43 

Limitation  of 43 

Notes  concerning  proper 43 

Sessions,   hours  of 17 

Sittings  of,  from  day  to  day 17 

Specifications — 

Changes  in,  form  of  letter  to  judge-advocate  authorizing 58 

Shall  not  be  read  to  witness 25 

Specimen  forms  of 87-131 

Staff  officer  to  be  tried,  who  should  be  members 55 

Statement,  written,  by  accused — 

Judicial  cognizance  of 39 

May  be  withdrawn  before  it  is  read  aloud 38 

Not  evidence 39 

Omission  of  objectionable  words  from 38,39 

Statutory  jienalty,  none  other  than,  imposed 43 


INDEX.  335 

Court-Martial,  General — Continued.  Page. 
Stenographer — 

Admitted ^ 17 

Form  of  agreement  with  judge-advocate 59 

Form  of  letter  to  judge-advocate  authorizing  employment  of 58 

Oath  to  be  administered  to 20 

Sworn 20 

Subpoena — 

Form  of,  for — 

Civilian    witness 61 

Taking  deposition 63 

Return  of  service 64 

Subpoena  duces  tecum  for— 

Civilian  witness.-. 62 

Naval  witness 62 

Summary  court-martial,  records  of,  may  be  introduced,  when  and 

how 41 

Summons  for  naval  witness,  form  of 61 

Surrebuttal — 

Begins 38 

Ends 38 

Suspension,  what  sentence  shall  state 43 

Suspension  of  proceedings 17 

Testimony — 

Conflicting 52 

Corrections  in — 

How  made - 26,  27,  29 

How  recorded 27 

Introduction  of,  out  of  regular  order 37 

Trial  finished 39 

Until  sworn,  incompetent  to  perform  any  judicial  act,  except 20 

Voir  dire,  witness  examined  on 24,31 

Voting,  manner  of 40,  41 

Voucher  for  reimbursement  of  traveling  expenses,  civilian  witness 

in  government  employ 69,70 

Warning  to  witness — 

Before  withdrawal 26 

Recalled 29,  37,  160 

Warrant  of  attachment,  form  of 65 

Who  may  order 54 

Witness-es — 

Accused  as,  in  own  behalf 33,34 

Arrest  of 36 

Attendance,  court  has  power  to  compel,  and  method  of  enforc- 
ing   62,65 

Charges  may  be  read  to 25 

Competency  of,  procedure  in  case  of  question  of 24,  25,  30,  31 

Correction  of  testimony  by 26,27,29 

Deposition  of,  taken  when 63 

Directed  to  withdraw 22 

Examination    of 25 

Examined  on  voir  dire 24,31 

Exchange  of  lists  of,  between  accused  and  judge-advocate 24 


336  INDEX. 

Court-Martial,  General — Continued. 

Witnesses — Continued.  Page. 

Impeacliing  a 37,  38 

Improper  language  or  behavior  of,  proceedings 35 

In  contempt,  procedure  in  case  of 33,  35,  36 

Judge-advocate  to  summon 61 

May  decline  to  answer,  when 30,36 

Oath  to  be  administered  to 25 

Objected  to,  procedure  in  case  of 30,31 

Officer  on  leave  or  waiting  orders  summoned  as,  procedure  in 

case  of 27,  61 

Officer  or  enlisted  man  summoned  as,  duty  of 27 

Permitted  to  refresh  memory 34,35 

Recalled,  warned 29,37 

Refusal  of,  to  appear 1  62,64 

Specifications  shall  not  be  read  to 25 

Subpoena  for  taking  deposition  of 63 

Sworn   25 

Unable  to  appear  in  court,  procedure  in  case  of 33 

Warned  by  court 22 

Warning  to,  before  withdrawal 26 

When  need  not  answer 27 

Witness,  Civilian — 

Account  of,  not  in  government  employ 67,  68 

Certificate  to  district  attorney  in  case  of  contumacious 73,  74 

Court  has  power  to  compel  attendance 27 

Instructions  relative  to  payment  of  fees  and  mileage  to 71,  72 

Subpoena  for,  form  of 61 

Subpoena  duces  tecum  for,  form  of 62 

Voucher  for  reimbursement  of  traveling  expenses,  in  govern- 
ment employ 69,  70 

Witness,  Naval — 

Summons  for,  form  of 61 

Subpoena  duces  tecum  for,  form  of 62 

Writing,  evidence  of  contents  of 32 

Court-martial,   Summary : 

Absent  over  or  without  leave,  period  of,  how  computed 156 

Accused — 

Admitted 156 

Arraigned 157, 158 

As  witness 159,160 

Desires  postponement  of  trial 157 

Does  not  object  to  any  member 157 

Introduces  counsel 157 

Ready  for  trial 156 

Acquitted,  how  recorded 165 

Action  on  record  by — 

Convening  authority 163-165 

Revising  authority : 165-167 

Authorized  punishments 162 

Bad-conduct  discharge — 

Action  on  record  in  case  of  sentence  of 163-165 

Execution  of  sentence  involving 165,165 

Restrictions  as  to 165 


INDEX.  337 

Court-Martial,   Summary — Continued. 

Bread  and  water —  Page. 

Care  to  be  exercised  when  resorting  to,  as  punishment ^ 162 

Recorder  directed  to  record  sentence 161 

Challenge,  procedure  in  case  of 157 

Commandant  as  senior  officer  present 165 

Clemency,  recommendation  to _  162 

Composition  of 155 

Conduct  record  may  be  read  and  certified  copy  appended 161, 164 

Convening  authority — 

Action  of,  on  record 163-165 

Care  in  preparation  of  spec'ificrttions  to  be  exercised  by 156 

Duty  of 163 

When   commanding  officer   of  cruising  vessel   temporarily  at 

navy-yard,  who  approves  proceedings  and  sentence 166 

Convictions,  approval  of  department  unnecessary,  when 161 

Counsel  introduced 157 

Cover  page,  form  of 153 

Defense — 

Begins 159 

Ends 161 

Written,   not  admissible 160 

Deprivation  of  liberty,  sentence  of,  illegal,  when 162 

Disrating  must  be  in  accordance  with  regulations 162 

Enlistment  record — 

Certified  copy  of  extracts  from,  appended  to  record 161 

Extracts  from,  read  by  recorder 161 

Extra  police  duties,  sentence,  when  undesirable 162 

Finding,  how  written  and  recorded 161 

Guilty,  procedure  in  case  accused  pleads 158 

•     Incidents  of  trial 151 

Incompetency — 

Requirements  of  specification  to  cover 156 

Sentence  in  case  guilty  of 162 

Intoxicants  in  possession,  requirements  of  specification  to  cover 156 

Loss  of  pay,  sentence 162,163 

Marine  to  be  tried,  marine  officer  should  be  member  if  practicable- _  155 

Medical  officer's  certificate  must  be  entered  on  record 163 

Members — 

Absent,  procedure  in  case  of 156 

As   witness 158 

Oath  administered  to,  form  of 157 

Objected  to,  procedure 157 

Selection  of,  care  should  be  exercised  in . 155 

Sworn 157 

Who  may  be 155 

Who  should  be,  when  marine  is  tried 155 

Mitigation,  power  of,  vested  in  whom 165 

Oaths- 
Forms  of,  administered  to  members  and  recorder 157 

How  administered 157 

Objection  to  member 157 

Oral  statement,  substance  of,  may  be  recorded ^ —  160 

8483—10 22 


338  INDEX. 

Court-martial,  Summary — Continued. 

Order,  form  of —  Page. 

Convening ]55 

For  revision 175 

Pay  oflScer — 

Order  to KJG 

To  inform  auditor  of  cbecljage 106 

Plea  of  guilty,  procedure  in  case  of 158 

Precept : 

New,  to  be  issued  in  case  of  change  in  composition  of  court 157 

Read  by  recorder 157 

Previous   conviction 101 

Prosecution — 

Begins 158 

Ends 159 

Punishments — 

Autliorized 102 

Authorized  by,  may  be  inflicted  by  general  court-martial 43 

Restricted  by  Article  30.  Articles  for  the  (government  of  the 

Navy 319 

Schedule  of 185 

Questions,  preliminary,  to  witnesses  for  defense,  purpose  of 159 

Rebuttal- 
Begins  160 

Ends 160 

When  omitted 160 

Record  of  proceedings — 
Action  on,  by — 

Convening  authority 163-165 

Revising  authority 165, 166 

Each  case  complete  in  itself 156 

Pay  officer's  certificate  on.  to  show  checkage-. 106 

Recorder — 

As  witness 158 

Oath  administered  to,  form  of 157 

Petty  officer  or  noncommissioned  officer  of  mnrines   can  not 

be  detailed  as 155 

Reads  extracts  from  enlistment  record 161 

Reads  precept 157 

Reads  si>ecifl.catiou 157 

Sworn 157 

Revising  authority,  action  of,  on  record 165-167 

Revision — 

Accused  present  during,  when 176 

By  difllerent  court,  when 176 

Confined  to  what --i 175 

Cover  page,  form  of 173 

Duty  of  reviewing  authority 175 

Errors,  correction  of 176 

Must  form  separate  and  complete  record,  etc_- 173.175 

New  testimony  not  admissible  during 175 

Order  for 175 


INDEX.  339 

Court-martial,  Summary — CoutiuueU. 
Revision — Continued. 

Record^  Page. 

How  returned 175 

Wliat  to  contain,  and  disposition 175 

Recorder — 

Directed  to  record  sentence 176 

Excluded  during 176 

Who  present  during 176 

Senior  member  as  witness 158 

Senior  officer  present,  commandant  acts  as.  wlien 165 

Sentence — 

Executed  on  approval  of  senior  officer  present 165 

How  recorded 161 

Specification — 

Form  of 155 

Preparation  of,  care  to  be  exercised  in ^ 156 

Read  by  recorder 157 

Specimen  forms  of 166 

Surrebuttal — 

Begins 160 

Ends   160 

Wlien   omitted—- 360 

Trial— 

Finislied 161 

Incidents    of 151 

Warning  to  witness — 

Before   withdrawal 159 

Recalled 160 

Witness — 

Accused    as 159, 160 

Correction  of  testimony  by 158 

Directed  to  withdraw 157 

Examination   of ^ 158 

Member  or  recorder  as 158 

Sworn  158 

Warning  to — 

Before  withdrawal 159 

Recalled  160 

Cover  page,  form  of: 

Board  of  inquest 221 

Board  of  investigation 215 

Board  of  medical  examiners 241 

Board  of  selection  for  retirement 259 

Courts  of  inquiry 189,197 

General  court-martial 15 

Investigation 209 

Marine  examining  board 267 

Naval  examining  board 227 

Naval  retiring  board 249 

Summary  court-martial 153 

Revision — 

General  court-martial 45 

Summary  court-martial 173 

Creating  a  disturbance  after  being  placed  in  arrest,  limit  of  punishment-  319 


340  INDEX. 

Cruelty  toward  any  person  subject  to  his  orders:  Page. 

Form  of  specification  for 112 

Limit  of  punishment 314 

Culpable  inefficiency  in  the  performance  of  duty : 

Form  of  specification  for 96 

Limit  of  punishment 315 

Culpable  negligence  and  inefficiency  in  the  performance  of  duty,  form  of 

specification  for 97 

Deck  Court.     (See  Court,  Deck.) 

Delivered  after  absence  without,  or  over,  leave,  punishment,  schedule--  185 

Deposition : 

Form  of 67 

May  be  taken,  when 63 

Subpoena  for  taking,  form  of 63 

Desertion : 

Form  of  specification  for 98 

Limit  of  punishment 316 

Statement  inconsistent  with  plea  of  guilty  in  case  of 24 

Disobedience,  deliberate : 

Form  of  specification  for 168 

Punishment,   schedule 185 

Disobedience  of  a  lawful  order  of  the  Secretary  of  the  Navy,  form  of 

specification  for 99 

Disobeying  the  lawful  order  of  his  superior  officer: 

Form  of  specification  for 99 

Limit  of  punishment 313 

Disorderly  conduct : 

Form  of  specification  for 168 

Punishment,  schedule 185 

Disorderly  conduct  (aggravated  case),  limit  of  punishment 318 

Disposing  of  stores,  etc.,  for  his  own  benefit,  limit  of  punishment 316 

Disrespect  to  commissioned  or  warrant  officer,  punishment,  schedule--  185 

Disrespect  to  petty  officer : 

Form  of  specification  for 168 

Punishment,  schedule 185 

Disresi)ect  to  the  Secretary  of  the  Navy,  form  of  specification  for 100 

Disrespectful  in  language  and  deportment  to  his  superior  oflScer  while 

in  the  execution  of  his  office,  form  of  specification  for 101 

Disrespectful  in  hinguage  or  deportment  toward  iietty  or  noncommis- 
sioned officer,  limit  of  punishment 319 

Disrespectful  to  a  sentinel,  limit  of  punishment 318 

District    attorney,    certificate    of    court    to,    in    case    of    contumacious 

civilian  witness 73,  74 

Documents  appended  to  records,  how  marked 9, 18 

Drugs  in  possession,  form  of  specification  for 168 

Drunk,  from  liberty,  form  of  specification  for 169 

Drunk,  off  duty: 

Form  of  specification  for 169 

Punishment,  schedule 185 

Drunk,  on  duty,  punsihment,  schedule 185 

Drunk,  on  post : 

Form  of  specification  for 169 

Punishment,  schedule 185 


INDEX.  341 

Drunk,  on  guard:  Page. 

Form  of  specification  for 169 

Punishment,  schedule 185,  314 

Drunkenness : 

Form  of  specification  for 102 

Limit  of  punishment 314 

Drunkenness  on  duty : 

Form  of  specification  for 102 

Limit  of  punishment 314 

Drunkenness  on  guard,  form  of  specification  for 103 

Drunkenness  on  post : 

Form  of  specification  for 103 

Limit  of  punishment 314 

Embezzlement : 

Form  of  specification  for 103-105 

Limit  of  punishment 317 

Endeavoring  to  foment  quarrels  between  other  persons  in  the  navy, 

limit  of  punishment 314 

Entering  into  an  agreement  or  conspiracy  to  defraud  the  United  States, 

limit  of  punishment 31G 

Entertaining  a  deserter,  knowing  him  to  be  sucli ;  limit  of  punishment 31G 

Enticing  a  prisoner  to  escape,  limit  of  punishment 318 

Enticing  others  to  desert,  limit  of  punishment 316 

Evidence,  Notes  on  : 
Accused — 

As  witness  in  own  behalf '. 139 

Does  not  take  stand,  no  comment  to  be  made 139 

May  cross-examine  witness  introduced  after  plea  of  guilty 144 

Statement  of,  inconsistent  with  plea  of  guilty 144 

Testimony  of,  not  excepted  from  ordinary  rules 342 

Weight  to  be  given  evidence  of 140 

Adducing  evidence,  manner  of 136 

Admissibility  of  evidence,  rules  as  to 137 

Admission,  facts  asserted  establislied  by 141 

Admissions  or  confessions  against  interest.- 138 

Affidavits 147 

Alterations  in  a  writing 145 

Attorney  and  client 143 

Best  evidence — 

Example  of  what  is  not,  exception 138 

Meaning  of 138 

Burden  of  proof  on  the  Government 138 

Circumstantial  evidence 136 

Collateral  facts  generally  inadmissible 137 

.     Competency — 

Credibility  distinguished  from___ 135 

Decided  before  witness  testifies 136 

Presumption  of 136 

Competent,  witnesses  before  naval  courts  generally 136 

Confession,  corroboration  of 141 

Confessions  or  admissions  against  interest 138 

Conflicting  testimony 140 

Corroboration  of  confession 141 

Courts  should  be  bound  by  ordinary  rules 135 


342  INDEX. 

Evidence,  Notes  on — Continued.  Page. 

Courts-martial  not  bound  by  statute 135 

Credibility — 

Distinguished  from  competency 135 

One's  own  witness  must  not  be  impeachefd 140 

Witness,  impeachment  of 143 

Testimony  determined  by  court 140 

Criminating  questions 143 

Cross-examination,  latitude  allowed 142 

Cumulative  evidence  unnecessary 141 

Deceased  persons,  entries  and  writing  of  a 145 

Definition  of — 

Evidence 135 

Hearsay  evidence 138 

Reasonable  doubt 137 

Depositions  before  naval  courts 139 

Directory  regulations 147 

Disputable  presumptions 145, 146 

Document  not  in  hands  of  party  desiring  to  introduce  it 141 

Duty  of  members  of  courts-martial  as  to  evidence 135 

Dying  declarations 138 

Entries,  original 145 

Entries  and  writing  of  a  deceased  person- 145 

Examining  witnesses,  leading  questions,  etc 142 

Example  of  what  is  not  best  evidence — exception 138 

Exceptions  to  rule  excluding  hearsay  evidence 138 

Experts — 

Must  be  shown  to  be  such 140 

Opinions  of 140 

Facts — 

Asserted,  established  by  admission 141 

To  what,  evidence  may  be  given 144, 145 

Form  of  evidence 136 

Grounds   of   incompetency 136 

Hearsay  evidence — 

Exceptions  to  rule  excluding _ 138 

Objf^^tionable,  why 138 

When  pertinent,  and  definition  of 138 

Husband  and  wife 143 

Impeachment  of  credibility  of  witness 143 

Inadmissible,  collateral  facts  generally 137 

Incompetency,  grounds  of 136 

Judicial  notice,  matters  of  which  the  courts  take 137, 141 

Law  and  fact,  presumptions  of 137 

Leading  questions 142 

Memory,  how  witness  may  refresh 139 

No  comment  to  be  made  if  the  accused  does  not  take  stand 139 

Oath,  manner  of  taking 142 

Object  of  rules  of  evidence 135 

Opinion  of  Supreme  Court,  accused  as  witness 142 

Opinions  not  admissible,  except 139,140 

Oral  testimony 136 

Original  entries 145 


INDEX.  343. 

Evidence,  Notes  on — Continued.  Page. 
Plea  of  guilty- 
Accused  may  cross-examine  witnesses  introduced  after 144 

Does  not  exclude  evidence  for  prosecution 143 

Statement  inconsistent  with 143 

Preponderance  of  evidence 145 

Presumption  of  competency 136 

Presumptions  of  law  and  of  fact 137 

Presumptions,  disputable 145, 146 

Private  documents,  liow  identity  established,  etc 141 

Production  and  interrogation  of  witness 135 

Proof — 

Beyond  reasonable  doubt 136 

Burden  of,  on  the  Government 138 

In  general 136 

Public  and  private  writings 141 

Public  documents — 

Noticed  judicially 141 

Secondary  evidence  as  to 141 

Public  statutes,  orders,  regulations,  etc.,  noticed  judicially 141 

Questions  witness  may  decline  to  answer ,      143 

Real  evidence 136 

Reasonable  and  just  evidence  usually  admissible : 135 

Reasonable  doubt — 

Definition  of .       137 

Meaning  of  rule  as  to 137 

Proof   beyond 136 

Rule  as  to 137 

Refresh  memory,  how  witness  may 139 

Regulations,  directory 147 

Relevant,  evidence  must  be 137 

Res  gestae 138 

Rule  as  to  reasonable  doubt 137 

Rules  as  to  admissibility  of  evidence 137 

Rules  of  evidence — 

Are  the,  binding  on  courts-martial? 146 

Object  of - 135 

State  secrets 143 

Statement  inconsistent  with  plea  of  guilty 144 

Statements  of  witness  outside  of  court 143 

Statutes  of  limitations 144 

Secondary  evidence  as  to  public  documents 141 

Subject  of  evidence,  how  divided 136 

Supreme  Court,  opinion  of,  accused  as  witness 142 

Testimony  of  accused  not  excepted  from  ordinary  rules 142 

To  what  facts  evidence  may  be  given 144, 145 

Weight  of  evidence  as  affected  by  number  of  witnesses 140 

Weight  to  be  given  evidence  of  accused 140 

What  is  taken  notice  of  judicially 137 

What  is  to  be  proved 136 

Witness — 

Before  naval  courts  generally  competent 136 

Competency  of,  decided  before  testifying 136 

Impeachment  of  credibility  of 143 


344  INDEX. 

Evidence,  Notes  on — Continued. 

Witness — Continued.  Page. 

Manner  of  examining,  leading  questions,  etc 142 

Must  state  facts,  not  opinions,  exceptions 139 

May  be  recalled  and  evidence  introduced  out  of  usual  order__  144 

May  refresh  memory,  how 139 

One's  own,  must  not  be  impeached 140 

Production  and  interrogation  of 135 

Questions,  may  decline  to  answer 143 

Statements  of,  outside  of  courts .. 143 

Writings — 

Alterations    in 145 

Public  and  private 141 

Writing  and  entries  of  a  deceased  person 145 

Written    evidence 136 

Examination  of  marine  officers,  notes  relating  to 275-277 

Examiners,  Medical,  Board  of: 

Candidate   reports 243 

Certificate   of 244 

Certificate  of  candidate,  form  and  meaning  of 245 

Composition    of 243 

Cover  page,  form  of 241 

Examination  of  candidate 243 

Medical  history — 

Form   of 246 

What   considered 243 

Onth  as  to  statement  of  physical  conditions 243 

Pay  corps,  report  in  case  of  candidate  for,  to  be  forwarded  to  ex- 
amining board  of  i)ay  officers 244 

Physical  disability  due  to  wounds 244 

Physical  examination  of  candidate — 

Before   promotion 1 244 

For    appointment 244 

Precept — 

Form    of 245 

Read 243 

Record,  what  must  show 243 

Recorder  and  members  sworn 243 

Statement  of  candidate  as  to  physical  qualifications  appended 243 

Examining  Board,  Marine : 
Answers — 

To  interrogatories,  how  appended  to  record 271 

Value  of,  board  to  note 275 

Average,  calculation  of 276,  277 

Candidate — 

Directed  to  report  to  medical  members  for  examination 270 

Present,    when 270 

Reports 270 

Shall  present  orders 270 

Shall  sign  certificate  as  of  date  of  examination 270 

Submits  certificate  as  to  examination 274 

Submits  health  certificate 270 

Captain,  examination  for  promotion,  table  of  subjects  and  weights.  277 


INDEX.  345 

Examining  Board,  Marine — Continued.  Page. 

Certificate  of  candidate  at  conclusion  of  examination,  form  of 279 

Certificate  of  graduation  from  School  of  Application — 

Effect  of 273 

Introduced 272 

Challenge,  procedure  in  case  of 270 

Character  of  professional  examination 273 

Colonel,  no  professional  examination  required 278 

Commandant,  Marine  Corps,  and  commanding  officer  to  forward 

papers  relating  to  efficiency  of  candidate 271 

Commendatory  letters,  how  appended  to  record-^ 271 

Composition  of .  278 

Copies  of  questions,  answers,  marks,  etc.,  appended  to  record 274 

Counsel  for  candidate  present,  when 270 

Cover  page,  form  of - 267 

Defects  of  vision  that  may  be  corrected  by  glasses  do  not  dis- 
qualify, unless 270 

Documents  appended — 

Arrangement  of 271 

How  marked 271 

Evidence,  unfavorable,  procedure  in  case  of '-  271,  272,  274 

Examination — 

Continue  from  day  to  day,  Sundays  and  holidays  excepted 276 

Presence  of  members  during 272 

Of  witness 272 

Oral,  unsatisfactory,  procedure 273 

Professional,  character  of ^^ 273 

To  include  all  subjects 276 

Written,  notes  relating  to 276 

Facts,  what,  not  inquired  into 272 

Failure  on  practical  examination,  procedure 273 

Field  officer- 
Finding  in  case  of 274 

Not  examined  professionally 272 

Final  average,  calculation  of 276,277 

Final  opinion,  what  must  show - 274 

Finding  of 275 

Finding  and  recommendation  confidential 274 

Finding  in  case  of — 

Field  officer,  shall  refer  to  what 274 

Physical  disqualification,  by  whom  and  how  signed 271 

First  lieutenant — 

Examination  of,  for  promotion,  table  of  subjects  and  weights. _  277 

Form  of  interrogatories  and  reports  of  fitness  in  case  of 280 

Problem  for 273 

Fitness,  general  efficiency 271,  272 

General  efficiency — 

Assumed,  when 271 

Marks  in,  based  upon  what 272 

Not  assumed,  procedure  in  case  of 271,272 

Reports  regarding,  to  be  forwarded  to  board,  by  whom 271 

Incidents  out  of  ordinary  routine  entered  on  record 273 

Indebtedness,  letters  relating  to,  how  appended  to  record 271 


346 


INDEX. 


Examining  Board,  Marine — Continued. 

Interrogatories —  Page. 

Scope  and  character  of 272 

To  be  read  aloud 270 

Interrogatories  and  reports  on  fitness  in  ease  of  first  lieutenant, 

form  of 280 

Letters,  forms  of — 

From  Secretary  of  Navy,  in  relation  to  challenge 278,279 

Candidate ^ 278 

To  medical  members  in  case  board  resolves  itself  into  retiring 

board 280 

Lieutenant-colonel,  no  professional  examination  required 278 

Major,  no  professional  examination  required 278 

Marks  assigned,  table  of 274 

Medical  certificate,  form  of 279 

Medical  members — 

Duties  of 270 

Report  as  to  candidate's  physical  condition 271 

Shall  personally  examine  candidate 270 

Medical  record — 

Form  of 279 

Introduced 270 

Members — 

Absent,  procedure  in  case  of 269,270 

Presence  of,  during  examination 272 

Sworn 270 

To  familiarize  themselves  with  regulations 270 

Military  history — 

Extracts  from,  to  be  read  aloud 270 

Form  of 280 

Notes  relating  to  examination  of  marine  officers 275-277 

Oaths,  how  administered  and  form  of 270 

Officer  unable  to  appear  before  board,  procedure 276 

Opinion — 

Form   of 275 

What  final,  must  show 274 

Organization 269 

Physical  disqualification,  procedure  in  case  of 271 

Physical  fitness,  questions  relating  to,  determined  by  full  board 271 

Practical  exercises  never  omitted ^ 274 

Precept — 

Form  of 277 

Read 270 

Problems  for  first  and  second  lieutenants 273 

Professional  examination — 

Character  of 273 

What  required  of  officers  holding  rank  of  captain  and  below —  278 

Promotion  of  commissioned  officers  in  Army   and  Marine  Corps, 

extracts  from  acts  regarding 269 

Questions — 

Board  shall  prepare,  and  how 275 

Manner   of  assigning 275 

Uniformity   in 275 

Questions  of  physical  fitness  determined  by  full  board 271 


INDEX.  347 

Examining  Board,  Marine — Continued. 

Record —  Page. 

Disposition   of . 277 

To  show  unfavorable  matter  considered 274 

Recorder — 

Duties  of 270 

Responsibility  of 276 

Sworn 270 

Reexamination,  procedure  in  case  of 271 

Report  of  medical  members,  form  of 280 

Reports  of  fitness — 

Form  of 1 280 

Forwarded  to  board,  by  whom 271 

How  appended  to  record 271 

Introduced 272 

To  be  read  aloud 270 

Retiring  board,  board  resolves  itself  into,  procedure  when 271 

Scope  and  character  of  interrogatories 272 

Second  lieutenant — 

Examination  of,  for  promotion,  to  be  of  subjects  and  weights 277 

Problem  for 274 

Subjects  and  weights,  tables  of 277 

Sworn  statement,  candidate  shall  be  given  opportunity  to  make 272 

Testimony,  how  recorded 272 

Unfavorable  evidence,  procedure  in  case  of 271,  272,  274 

What  facts  not  inquired  into 272 

Witness — 

Examined  and  sworn 272 

Examined  in  presence  of  candidate,  when 272 

Examining  Board,  Naval :  ' 

Answers  to  interrogatories,  how  appended  to  record 231 

Candidate — 

Appearance    of,    in    person,    deemed    necessary.    Department 

notified 234 

Reports 229 

Right  of,  to  be  present 231 

Certificate  of,  in  case  of  candidate  for — 

Admission   234 

Promotion 231,  235 

Certified  copies  of  papers  to  be  attached  to  record 229 

Challenge  by  candidate 229 

Commendatory  letters,  how  appended  to  record 231 

Composition  of,  and  how  selected 236 

Consideration  of  facts  which  occurred  prior  to  last  examination 232 

Cover  page,  form  of 227 

Discharge  by  reason  of  drunkenness  or  misconduct,  procedure 233 

Discharged,  candidate  must  not  be,  before  completion  of  case 231 

Documents  appended,  how  marked 230 

Drunkenness  or  misconduct,  discharge  by  reason  of,  procedure 233 

Evidence  to  be  considered 231 

Examination — 

Physical,  candidate  for  appointment,  when  made 229 

Written 230 

Failure  of  candidate  for  admission,  record  to  state  cause 233 


348  INDEX. 

Examining  Board,  Naval — Continued.  Page. 

Finding  of 231-235 

Foreign  station  or  naval  station  abroad,  examination  at,  form  of 

precept 235 

Incidents  out  of  ordinary  routine,  procedure 230 

Indebtedness,  letters  relating  to,  how  appended  to  record 231 

Letter,  form  of — 

To  candidate 236 

Transmitting  matter  on  files  and  records  of  Department 237 

Transmitting  precept 236 

Majority  and  minority  opinion 232 

Medical  history,  entries  in,  to  be  investigated 233 

Member — 

Every,  must  sign  each  record,  and  what  record  to  show 231 

Oath  to  be  administered  to 230 

Objected  to,   procedure 229,  230 

Misconduct  or  drunkenness,  discharge  by  reason  of,  procedure 233 

Moral  disqualification,  prima  facie  evidence  of,  procedure 233 

Oath,  form  of,  administered  to — 

Member 230 

Recorder 230 

Witness 232 

Ofllcer— 

Any,  may  be  called  before,  to  give  evidence 232 

Junior  to  candidate,  not  questioned  as  to  matter  of  opinion 232 

To  be  examined,  not  ordered  to  appear  before,  procedure 234,  235 

Organization    of 220.  230 

Pay  Corps,  candidate  for  admission  to — 

Physical  examination  of,  how  and  by  whom  conducted —  234 

Precept  for,  form  of 236 

Physical  examination  of  candidate  for  appointment — 

How  and  by  whom  conducted 234 

When  made 229 

Powers  of 230 

Precept — 

Form  of — 

Examination  abroad 235 

In  case  of  candidate  for  admission 235,236 

In  case  of  candidate  for  promotion 235 

Read 229 

Prima  facie  evidence  of  moral  disqualification,  procedure 233 

Record — 

All  members  and  recorder  must  sign  each,  and  must  show  what-  231 

Certified  copies  of  papers  to  be  attached  to 229 

How  dated 229 

Record  of  service,  form  of 237 

Recorder — 

Must  sign  each  record . 231 

Oath  to  be  administered  to 230 

Sworn : 230 

Reports  of  fitness,  how  appended  to  record 231 

Right  of  candidate  to  be  present 231 

Statement  of  candidate  and  testimony  of  witness  to  be  entered  in 

record 231 


INDEX.  349 

Examining  Board,  Naval — Continued.  Page. 

Sworn  statement  made  by  candidate 233 

Testimony,  how  recorded 233 

Testimony  of  witness  and  statement  of  candidate  to  be  entered  on 

record 231 

Unfavorable  evidence,  procedure  in  case  of 231-233 

Witness — 

Oath  to  be  administered  to 232 

Sworn 233 

Written  examination 230 

Written  interrogatories,  procedure  in  case  of  request  to  have  wit- 
nesses examined  upon 232 

Executing,  attempting,  or  countenancing  any  fraud  against  the  United 

States,  limit  of  punishment 317 

Failing  to  use  utmost  exertions  to  detect,  etc.,  all  offenders,  etc.,  limit 

of  punishment 31G 

Failure  to  obey : 

Form  of  specification  for 169 

Punishment,   schedule 185 

I'alsehood : 

Form  of  specification  for 105, 1G9 

Limit  of  punishment 314 

Punishment,    schedule. 185 

False  swearing  or  perjury,  limit  of  punishment 318 

Forgery : 

Form  of  specification  for 107 

Limit  of  punishment 317 

Fraud : 

Form  of  specification  for. 107 

Limit  of  punishment 314,316,317 

Fraudulent  enlistment: 

Form  of  specification  for 107 

Limit  of  punishment 319 

Gambling  : 

Limit  of  punishment 314 

Punishment,  schedule 185 

General  Court-martial.     (See  Court-martial,  General.) 

Habeas  corpus,  return  to  writ  of: 

Brief  to  be  filed  with 77-79 

By  state  court 76 

By  United  States  court 75,76 

Improperly  hazarding  the  vessel  under  his  command,  etc.,  form  of  speci- 
fication for 109 

Incidents  of  trial : 

General  court-martial 13 

Summary  court-martial 151 

Incompetency,  form  of  specification  for 170 

Inquest,  Board  of: 

Approval,  form  of 224 

Composition  of 223 

Cover  page,  form  of 221 

Opinion — 

Form  of 224 

Of  surgeon 224 


350  INDEX. 

Inquest,  Board  of — Continued.  Page. 

Order  convening,  form  of 223 

Record,   how  forwarded 224 

Revision,  record  may  be  returned  for 224 

Witness- 
Called  and  examined 223 

Summoned 223 

Inquiry,  Court  of.     {See  Court  of  Inquiry.) 

Inquiry,  Court  of.      (Loss  or  grounding  of  a  vessel.)      See  Court  of 

Inquiry,  Loss,  etc. 

Instructions  and  regulations  for  drawing  up  charges  and  specifications..  81-85 

Instructions  relative  to  limitations  of  punishment ,-  319 

Instructions    relative    to    payment  of    fees    and    mileage    to    civilian 

witnesses  70-72 

Intentionally  suffering  a  vessel  of  the  navy  to  be  run  upon  a  rock,  etc., 

limit  of  punishment 313 

Interfering  with  or  resisting  sentinel  in  lawful  execution  of  his  duty, 

limit  of  punishment 318 

Interrogatories  and  depositions,  forms  of 66,67 

Investigation : 

Counsel    introduced 211 

Cover  page,  form  of 209 

Finding 212 

Investigating  officer — 

Letter  to,  form  of 212 

Who  may  act  as 211 

Naval  officer  not  authorized  to  conduct 211 

Oath  to  be  administered  to  witness 211 

Order  directing,  read 211 

Right  of  parties 211 

Stenographer  introduced  and  sworn 211 

Witness  introduced  and  sworn 211 

Investigation,  Board  of: 

Action  of  convening  authority 218 

Composition    of 217 

Cover  page,  form  of 215 

Defendants  called  and  informed  of  reports  against  them 217 

Finding 217,  218 

Oaths,  no  authority  to  administer 217 

Opinion,  how  given  and  recorded 217,218 

Order  convening — 

Form  of - 218 

Read 217 

Witness  called  and  examined 217 

Irreverent    or    unbecoming   behavior    during   divine   service,    limit    of 

punishment 313 

Joinder : 

Finding  and  sentence  or  acquittal  in  case  of,  how  recorded 41 

Procedure  in  case  of  trial  in 24 

Joining  in  any  combination  to  weaken  lawful  authority  of  commanding 

officer,  limit  of  punishment 314 


INDEX.  351 

Page. 
Knowing  of  any  mutinous  assembly,  or  intended  mutiny,  etc.,  limit  of 

punisliment 313 

Knowingly  and  wilfully  misappropriating  and  applying  to  own   use 

government  property,  etc.,  limit  of  punishment 317 

Knowingly  delivering  or  causing  to  be  delivered  money,  etc.,  limit  of 

punishment 317 

Knowingly  enlisting  into  the  naval   service  a  deserter,  etc.,  limit  of 

punishment 317 

Knowingly  making,  etc.,  a  paper  certifying  the  receipt  of  money  or 
other  property  of  the  United   States  without  full  knowledge,  etc.; 

limit  of  punishment 317 

Knowingly  making,  signing,  etc.,  or  procuring  the  making,  etc.,  of  a 

false  muster ;  limit  of  punishment 315 

Knowingly  purchasing  or  receiving  in  pledge,  etc.,  government  prop- 
erty; limit  of  punishment 317 

Larceny,  limit  of  punishment 315 

Leaving  post  before  being  regularly  relieved: 

Form  of  specification  for 110,170 

Limit  of  punishment 313 

Punishment,    schedule 185 

Leaving  station  before  being  regularly  relieved : 

Form  of  specification  for 110 

Limit  of  punishment 313 

Lewd  or  indecent  behavior,  limit  of  punishment 317 

Limitation  to  the  punishment  of  officers  and  enlisted  men  in  time  of 

peace 311-319 

Liquor  in  possession : 

Form  of  specification  for 170 

Punishment,   schedule 185 

Liquor,  smuggling;  form  of  specification  for 170 

Liquor,  smuggling  or  attempting  to  smuggle ;  punishment,  schedule 185 

Liquor  unlawfully  in  possession  upon  returning  to  ship  or  garrison 

(aggravated  case),  limit  of  punishment 319 

Making  a  false  and  fraudulent  official  report: 

Form  of  specification  for 110 

Limit  of  punishment 316 

Making  and  using  false  papers: 

Form  of  specification  for 111 

Limit  of  punishment 316 

Making  or  attempting  to  make,  or  uniting  with,  any  meeting  or  mu- 
tinous assembly ;    limit  of  punishment 313 

Making  or  procuring  or  advising  the  making  of  an  oath ;   knowing  it  to 
be  false,   to   obtain   payment  of  claim   against  the   United   States; 

limit  of  punishment 316 

Malicious  or  wilful  destruction  of  public  property;    limit  of  punish- 
ment  - 318 

Maliciously  injuring  any  vessel  of  the  navy,  etc.,  whereby  the  safety 

of  the  vessel  is  hazarded,  etc.;    limit  of  punishment 314 

Malingering,  limit  of  pnishment 318 

Maltreating  a  person  subject  to  his  orders : 

Form  of  specification  for 112 

Limit  of  punishment 314 


352  INDEX. 

Page. 

Manslaughter,  limit  of  punishment 315,317 

Marine  Examining  Board.     {Sec  Examining  Board,  Marine.) 
Marine  Retiring  Board.     (See  Retiring  Board,  Marine.) 
Master-at-arms   refusing  to   receive   prisoners  or  permitting   them   to 

escape,  limit  of  punishment : 316 

Mayhem : 

Form  of  specification  for 112 

Limit  of  punishment . 318 

Medical  Examiners,  Board  of.     (See  Examiners,  Medical,  Board  of.) 

Murder,  limit  of  punishment 314 

Mutiny : 

Being  witness  to,  or  present  at,  and  not  doing  utmost  to  suppress ; 

limit    of   punishment 313 

Having  knowledge  of,  and  not  communicating  to  superiors  or  com- 
manding officer;    limit  of  punishment 313 

Making  or  attempting  to  make,  or  uniting  with;    limit  of  punish- 
ment   313 

Naval  Retiring  Board.     (See  Retiring  Board,  Naval.) 
Naval  Examining  Board.     (See  Examining  Board,  Naval.) 
Neglect  of  duty : 

Form  of  specification  for 112-114,170 

Limit  of  punishment 318 

Punishment,  schedule 185 

Neglecting  to  discharge  pecuniary  obligations  (aggravated  case)  ;  limit 

of   punishment 318 

Negligence  in  obeying  orders: 

Form  of  specification  for 114 

Limit  of  punishment 314 

Negligent  and  careless  in  obeying  orders,  and  culpably  inefficient  in  the 

performance  of  duty;  form  of  specification  for 114 

Nolle  prosequi : 

As  to  charges  and  specifications 33 

Form  of  letter  to  judge-advocate  authorizing  him  to  enter 58 

Not  using  his  best  exertions  to  prevent  the  unlawful  destruction  of  pub- 
lic property;  limit  of  punishment 315 

Oaths : 

To  be  administered  to — 
Clerk- 
Court  of  inquiry 193 

General  courts-marshal 20 

Interpreter — 

Court  of  inquiry 193 

General  courts-martial 20 

Judge-advocate — 

Court  of  inquiry 192 

General  court-martial 20 

Members — 

Board  of  selection  for  retirement 261 

Court  of  inquiry 192 

Examining  board,  naval 230 

General  courts-martial 20 

Summary  court-martial 157 


INDEX.  853 

Uatbs — Continued. 

To  be  administered  to — Continued. 

Recorder —                                         .  Page. 

Examining  board,  naval 230 

Summary  court-martial 157 

Reporter,  general  courts-martial 20 

Stenographer — 

Court  of  inquiry 193 

General  courts-martial 20 

Witness — 

Court  of  inquiry 193 

Examining  board,  naval 232 

Investigation 211 

General  court-martial 25 

On  voir  dire 24,31 

When  practicable,  to  be  taken  before  an  officer 63 

Who  may  administer 63 

Obscene  and  abusive  language,  using  on  shore  toward  an  inhabitant; 

limit  of  punishment 315 

Officer : 

Form  of  letter  to  commandant  of  navy-yard,  inclosing  charges  and 

specifications  against 56 

Form  of  order  placing,  under  arrest 57 

On  leave  or  waiting  orders,  summoned  as  wellness,  procedure  in 

case  of 27,  61 

Oppression  of  any  person  subject  to  his  orders : 

Form  of  specification  for 112 

Limit  of  punishment 314 

Order,  form  of — 

Convening  summary  court-martial , 155 

Convening  board  of  investigation 218 

Dissolving  court 75 

Placing  officer  under  arrest 57 

To  president,  members,  and  judge-advocate,  general  court-martial 59,60 

Perjury : 

Form  of  specification  for 114 

Limit  of  punishment 318 

Persistent  delinquency  in  the  rendition  of  accounts ;  form  of  specifica- 
tion for 115 

Pleas : 

Bar  of  trial 22,23 

Guilty 22-24,158 

Joinder 24 

Valid 24 

Presenting  a  false  or  fraudulent  claim ;  limit  of  punishment 316 

Previous  conviction  during  current  enlistment ;  punishment,  schedule 185 

Procuring  or  advising  the  making  of  a  false  or  fraudulent  official  re- 
port; limit  of  punishment 316 

Procuring  stores,  etc.,  and  disposing  thereof  for  his  own  benefit;  limit 

of  punishment 316 

Procuring  the  making  of  an  oath,  knowing  it  to  be  false,  to  obtain  pay- 
ment of  claim  against  the  United  States;  limit  of  punishment ^;  316 

8483—10 23 


354  INDEX. 

Page. 

Profane  swearing;  limit  of  pimisliment _     814 

Punishments  : 

Authorized  by  summary  court-martial 162 

Courts-martial  must  not  adjudge  nominal 42 

Limitation  of,  in  time  of  peace ,__  Hll-819 

Schedule  oi,  summary  and  deck  courts 185 

Quarreling  with  any  person  in  the  navy,  limit  of  punishment 814 

Rape,  limit  of  punishment 315,817 

Rape,  assault  with  intent  to  commit: 

Form  of  specification  for 91 

,      Limit  of  punishment 317 

Receiving  or  entertaining  a  deserter,  knowing  him.  to  be  such;  limit 

of  punishment 816 

Receiving  on  board  vessel  to  which  attached  any  goods  for  freight, 

.  sale,  etc.;  limit  of  punishment 815 

Records,  notes  concerning  manner  of  making  up 9, 10 

Refusing  obedience  to  a  lawful  order  or  regulation  issued  by  the  Secre- 
tary of  the  Navy;  limit  of  punishment 316 

Refusing  obedience  to  the  lawful  orders  of  sentinel ;  limit  of  punishment-  318 
Refusing  or   failing  to  use   his   utmost  exertions  to  detect,   etc.,   all 

offenders,  etc.;  limit  of  punishment 316 

Refusing  to  give  testimony  before  a  court-martial ;  limit  of  punishment-  318 
Refusing  to  halt  when  challenged  by  noncommissioned  officer  of  guard 

or  sentinel;  limit  of  punishment 319 

Refusing  to  obey,  or  wilfully  disobeying,  lawful  order  of  petty  or  non- 
commissioned officer;  limit  of  punishment 319 

Refusing  to  obey  the  lawful  order  of  his  superior  officer : 

Form  of  specification  for 115 

Limit  of  punishment 314 

Regulations  and  instructions  for  drawing  up  charges  and  specifications-  S1-S5 
Rendering  false  and  fraudulent  returns  of  balances  to  his  credit;  form 

of  specification  for 116 

Resisting  arrest: 

Form  of  specification  for 116,171 

Limit  of  punishment 318 

Punishment,  schedule 185 

Resisting  sentinel,  limit  of  punishment 318 

Retirement,  Board  of  selection  for: 

Adjournment,  how  recorded 262 

Cover  page,  form  of 259 

Letter,  form  of — 

From  Bureau  of  Navigation,  relative  to  navy  list 263 

Informing  board  as  to  number  of  officers  to  be  selected  for  re- 
tirement   263,264 

•   Members  sworn 261 

Method  of  making  selection 261,  262 

Oath,  form  of,  administered  to  members 261 

Organization  of _ 261 

Precept — 

Form  of 262 

Read 261 


INDEX.  355 

Retiring  Board,  Marine:  Page. 

Adjournment,  how  recorded 285 

Candidate — 

Given  opportunity  to  rebut  medical  members'  report 286,287 

Reports 285 

Cliallenge,  procedure  in  case  of 285 

Composition  of 288 

Cover  page,  form  of 283 

Examination  of — 

Medical  members 286 

Witnesses 286 

Facts  to  be  inquired  into,  and  powers  of  board i 285 

Finding  of 287 

Letter,  form  of,  to — 

Candidate 288 

Medical  members 289 

Members  sworn 285 

Medical  members — 

Form  of  report  of 289,290 

Ordered  to  examine  candidate 285 

Report  of,  read -  286 

Medical  record,  form  of 289,290 

Oatbs,  liow  administered  and  forms  of 285 

Officer- 
Desires  retirement,  procedure  in  case  of 286 

Does  not  desire  retirement,  procedure  in  case  of _  286 

Organization  of 285 

Physical  condition,  papers  bearing  on,  read 285 

Precept — 

Form  of 288 

Read 285 

Recess,  how  recorded 285 

Record  of  service,  form  of 288 

Recorder  sworn 285 

Report  of  medical  members — 

Form  of 289,  290 

Read — 286 

Retirement,  manner  of 288 

Witness  sworn 286 

Written  statement  introduced 286 

Retiring  Board,  Naval : 

Adjournment,  how  recorded 251 

Authority  of 251 

Completion  of  case  before  discharge-- 252 

Composition   of 254 

Counsel  introduced •- 253 

Cover  page,  form  of 247 

Examination  of  witness 252 

Finding 252,  253 

Incapacity,  cause  of,  must  be  reported 252 

Letter,  form  of — 

From  medical  members  to  president  of  board 255,256 

To  medical  members,  directing  physical  examination 255 

To  officer 254 


356  INDEX. 

lietiriug  Board,  Naval — Coutiuued.  Page. 

Medical  members  directed  to  examine  otticer  and  submit  report —  251 

Medical  record,  form  of 254 

Minority  report • 253 

Officer- 
Desiring  to  question  medical  members,  procedure 252 

Reports 251 

Under  examination  not  to  be  discharged  till  case  completed—  252 

Organization  of 251 

Papers,  what,  to  be  read,  and  how  appended _ 251 

Precept — 

Form  of 253 

Head 251 

Recess,  how  recorded 251 

Record  laid  before  President 253 

Record  of  service,  form  of 254 

Recorder  and  members  sworn — ^  251 

Right  of  officer  to  be  heard 252 

Statement  of  officer,  how  marked 253 

Testimony,  how  recorded 253 

Returning  from  liberty  unfit  for  proper  performance  of  duty,  punish- 
ment, schedule 185 

Revision,     General    Court-martial.      (See   Court-martial,    General,    Re- 
vision.) 
Revision,  Summary  Court-martial.     (See  Court-martial,  Sunmiary,  Re- 
vision.) 
Robbery : 

Form  of  specification  for '. 110,117 

Limit  of  punishment . 315.317 

Scandalous  conduct  tending  to  the  destruction  of  good  morals : 

Form  of  specification  for 117-123 

Limit  of  punishment 314 

Schedule  of  punishments,  summary  and  deck  courts 185 

Selection  for  Retirement,  Board  of.     (See  Retirement,  Board  of  Selec- 
tion for.) 

Selling  arms,  clothes,  etc.,  limit  of  punishment 318 

Selling  property  of  the  United  States  intended  for  the  naval  service 

thereof;  form  of  specification  for 123 

Sending    or    accepting    a    challenge    to    fight    a    duel,    etc.;    limit    of 

punishment   '^^"^ 

Sitting  down  on  post*: 

Form  of  specification  for 171 

Punishment,  schedule 185 

Sleeping  on  post: 

Form  of  specification  for : 123,171 

Limit  of  punishment ^ 313 

Punishment,    schedule  185 

Sleeping  on  watch : 

Form  of  specification  for 123,171 

Limit  of  punishment 313 

Punishment,   schedule 1'^^* 

Smuggling  liquor  (aggravated  case),, limit  of  punishment 318 

Smuggling  liquor  into  vessel  or  navy-yard,  limit  of  punishment 319 


INDEX.  357 

Sodomy:  Page. 

Form  of  specification  for 123 

Limit  of  punishment 317 

Specifications,  specimen  forms  of: 

Decli    court , 179 

General    court-martial 87-131 

Summary  court-martial 166-172 

Specifications  and  charges,  regulations  and  instructions  for  drawing  up_       81-85 

Stealing  and  opening  valuable  letter,  form  of  specification  for 124 

Stealing  government  property;  limit  of  punishment 317 

Striking  another  person  in  the  navy,  form  of  specification  for 124 

Striliing  his  superior  oflicer  while  in  the  execution  of  the  duties  of  his 

oflice;  limit  of  punishment 313 

Striking  or  assaulting  a  sentinel;  limit  of  punishment 318 

Subpoena : 

Form  of,  for  civilian  witness 61 

For  taking  deposition  of  witness 63 

Return  of  service  of 64 

Subpoena  duces  tecum : 

Civilian  witness , 62 

Naval  witness 62 

Summary  and  deck  courts,  schedule  of  punishments  for 185 

Summary  court-martial.     (See  Court-martial,  summary.) 

Summons,  naval  witness,  form  of 61 

Taking,  receiving,  etc.,  on  board  a   vessel  goods,   etc.,  for  freight  or 

traffic,  etc.;  limit  of  punishment 315 

Theft : 

Form  of  specification  for , 124,171 

Limit  of  punishment 314 

Threatening  to  assault  his  superior  officer  while  in  the  execution  of  the 

duties  of  his  office;  form  of  specification  for 127 

Through  inattention  and  negligence  suffering  a  vessel  of  the  Navy  to  be 

hazarded;  form  of  specification  for 125 

Through  inattention  and  negligence  suffering  a  vessel  of  the  Navy  to 

to  be  stranded,  etc. ;  limit  of  punishment _ 315 

Through  negligence,  suffering  a  vessel  of  the  Navy  to  be  run  upon  a 

reef  and  stranded ;  form  of  specification  for 126 

Through  negligence,   suffering  a  vessel  of  the  Navy  to  be  stranded ; 

form  of  specification  for 126 

Through  negligence,  suffering  a  vessel  to  be  run  ur)on  a  rock  and  haz- 
arded; form  of  specification  for 125 

Traveling  expenses,  civilian  witness  in  government  employ ;  reimburse- 
ment         69, 70 

Treating  his  superior  officer  with  contempt,  form  of  specification  for__  126 

Treating  his  superior  officer  with  contempt  while  in  the  execution  of 

his  office,  form  of  specification  for 127 

Treating  with  contempt  his  superior  officer  and  being  disrespectful  to 
him  in  language  and  deportment  while  in  the  execution  of  his  office : 

Form  of  specification  for 127,128 

Limit  of  punishment 314 

Unlawfully  having  in  possession  property  of  another ;  form  of  specifica- 
tion   for 171 


358  INDEX. 

Page. 
Unlawfully  setting  on  fire  or  destroying  public  property ;  limit  of  pun- 
ishment   313 

Using  abusive  and  profane  language  toward  his  superior  officer  while  in 

the  execution  of  his  office;  form  of  specification  for 12S 

Using  abusive  and  threatening  language  toward  another  person  in  the 

service;  form  of  specification  for 128 

Using  abusive  and  threatening  language  toward  his  superior  officer; 

form  of  specification  for 129 

Using  abusive,  obscene,  and  profane  language  toward  another  person 

in  the  service;  form  of  specification  for 12(S 

T'sing  abusive,  obscene,  and  threatening  language  toward  his  superior 

officer;  form  of  specification  for 128 

Using  abusive,  profane,  and  threatening  language  toward  his  superior 

officer;  form  of  specification  for 128 

Using  obscene  and  threatening  language  to  another ;  form  of  specifica- 
tion for 1 171 

Using  obscene  and  threatening  language  toward  another  person  in  the 

service;  form  of  specification  for 129 

Using  profane,  abusive,  and  threatening  language  toward  his  superior 

officer ;  limit  of  punishment ^^ 318 

IT  sing  profane,  obscene,  and  abusive  language  to  another  person  in  the 

service;  limit  of  punishment 319 

Using  threatening,  abusive,  and  obscene  language ;  form  of  specification 

for 172 

Using  threatening,  abusive,  and  obscene  language;  punishment,  sched- 
ule    185 

Using  threatening  language  toward  another  person  in  the  Navy ;  form 

of  specification  for 129 

Uttering  seditious  or  mutinous  words;  limit  of  punishment 314 

violation  of  a  lawful  general   order  issued  by  the   Secretary   of  the 

Navy ;  form  of  specification  for 129 

A'iolation  of  a  lawful  regulation  issued  by  the  Secretary  of  the  Navy : 

Form  of  specification  for 129,130 

Limit  of  punishment 316 

Voir  dire,  witness  examined  on 24,31 

Warrant  of  attachment,  form  of 65 

Wasting  ammunition,   provisions,  or   other   public   property;    limit  of 

punishment   315 

When  attached  to  a  vessel  appointed  as  convoy,  etc.,  fails  diligently  to 

perform  his  duty;  limit  of  punishment 315 

Wilful  destruction  of  public  property : 

Form  of  siiecification  for 131,172 

Limit  of  punishment 315,318 

Wilfully  disobeying  lawful  order  of  petty  or  noncommissioned  officer; 

limit  of  punishment 319 

Wilfully  injuring  any  vessel  of  the  Navy,  etc.,  whereby  the  safety  of 

the  vessel  is  hazarded;  limit  of  punishment 314 

Wilfully  suffering  a  vessel  of  the  Navy  to  be  run  upon  a  rock  or  shoal, 

or  to  be  improperly  hazarded;  limit  of  punishment 313 

Witness,  Civilian  : 

Account  of,  not  in  government  employ 67,68 

Certificate  to  district  attorney  in  case  of  contumacious 73,74 

Deck  courts  are  empowered  to  compel  attendance 180 


INDEX. 


359 


Witness,  Civilian — Continued.  Page. 

Instructions  relative  to  payment  of  fees  and  mileage  to 71,72 

Subpoena  for,  form  of 61 

Subpoena  duces  tecum,  form  of 62 

Voucher  for  reimbursement  of  traveling  expenses,  Yi^itness  in  gov- 
ernment employ 69,  70 

Witness,  Naval: 

Summons  for,  form  of 61 

Subpoena  duces  tecum,  form  of 62 

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